(MISC.  PUBS.I 


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broit,  Mi,\  |Charter«, 
[Miscellaneous  publications.] 
i"roposed  charter  of  the  city  of 


Detroit   (defeated).      191'+. 


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of  the 


City  of  Detroit 


To  be  Voted  Upon  at  a  Special 
Election,  February  10,  1914 


Pren  of  The  Heu-^hton-Jacobson  Printing  Co. 


BUREAU  OF  GOVERNMENTAL  RESEARCH 

44  LlfJ^ARY  BUILDING 

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BUREAU  OF  GOVEJSrNMENTAL  RESEARCH 

l^RARY 

44  Ll^ARY  BUILDING 


Address  to  the  People  of  the  City  of  Detroit, 

Submitting  the  Proposed  Revision 

of  the  Charter 


TO  THE  PEOPLE  OF  THE  CITY  OF  DETROIT: 

In  this  instrument  your  charter-framing  body  proposes  a  bill  of  rights  and 
liberties  not  such  as  were  wrung  from  kfngs  or  legislatures  by  the  self-governing 
cities  of  the  past,  but  such  as  are  hereby,  for  the  first  time,  framed  for  enactment 
by  this  people  themselves 

The  first  full  measure  of  home  rule,  so  long  sought  by  the  people  living  in 
the  great  cities,  finds  embodiment  in  this  charter  as  proposed  by  your  Com- 
missioners. Until  the  people  in  this  manner  enact  a  new  charter,  the  rights  so 
well  won  under  the  new  constitution  of  the  state  cannot  flow  to  us  in  Detroit, 
excepting  by  piecemeal  amendments,  involving  court  and  legislative  interference. 

Herein  we  propose  that  the  people  of  this  city,  which  now  numbers  more 
souls  than  the  state  of  Michigan  did  in  1850,  shall  adopt  a  charter  of  liberties 
and  a  form  of  government  more  in  keeping  with  the  needs  and  the  ideals  of  this 
generation.  Not  all  these  needs  and  ideals  could  find  expression  in  this  new 
instrument.  The  city  is  composed  of  many  and  varied  shades  of  opinion,  radical 
and  conservative.  Governni'ent  is  made  possible  by  compromise.  Far  from  being 
revolutionary,  or  even  radical,  yet  thoroughly  progressive  in  its  main  tendency, 
this  proposed  charter  retains  the  tried  and  tested  methods  of  government  em- 
bodied in  the  old  charter,  discarding  only  those  so  manifestly  unfitted  for  this 
age  and  generation  as  to  constitute  a  stumbling  block  to  civic  progress. 

To  embody  safely  progressive  ideas  of  municipal  efiiciency  in  this  new  docu- 
ment has  been  the  aim  of  your  Commiss  ioners.  We  have  set  out  with  the  pro- 
found fact  always  present  in  our  consciousness,  tliat  improved  methods  of 
municipal  government  is  the  great  need  in  American  cities  today.  No  proposals, 
theories,  comparisons,  suggestions,  analysis  or  studies  in  municipal  government 
have  been  left  unconsidered.  We  invited  present  and  former  city  officials  to 
give  freely  of  their  advice.  Notable  authorities  on  civics  were  invited  to  present 
their  views.  The  framers  of  other  new  home  rule  charters,  particularly  the  one 
proposed  for  Cambridge,  Mass.,  and  the  one  recently  adopted  by  the  people  of 
our  sister  city,  Cleveland,  were  consulted.  A  prolonged,  and  painstaking  effort 
has  been  made  to  embody  in  this  new  charter  such  sane  and  tested  progressive 
principles   as   should   ensure   the   endorsement   of   the    instrument   by   the   people. 

The  concentration  of  responsibility,  and  the  simplification  of  elections  have 
been  two  primary  ends  sought.  From  these  flow  many  advantages,  just  as 
diffuse  responsibility,  and  confusing  election  devices,  make  possible  machine 
rule,  mis-government,  and  inefficiency.  Coupled  with  these,  the  two  large  con- 
siderations of  municipal  ownership  and  of  civil  service  present  four  important 
features  in  charter  reform. 

There  can  be  no  division  of  opinion  as  to  the  importance  of  our  proposed 
charter.  The  people  have  the  alternative  of  contenting  themselves  with  an  old 
charter  and  a  form  of  government  by  obsolete  legislative  grants  and  with  con- 
tinuing every  present  evil,  or  of  adopting  this  new  charter  in  which  the  city  has 
its  face  turned  towards  progress.  The  proposed  instrument  embodies  within 
itself  the  power  to  correct  by  the  initiative  any  defect  therein.  We  believe  that 
it;  is,  indeed,  a  charter  of  the  peoples'  liberties. 

The  attention  of  the  people  of  Detroit  is,  therefore,  respectfully  drawn  to  the 
new  charter  in  full,  and,  in  particular,  to  these  important  features  not  found  in 
our  present  charter: 


The  Non-Partisan  Ballot. 

a.  The  best  municipal  government  is  not  possible  so  long  as  national  party 
issues  are  used  to  confuse  municipal  elections.  National  party  labels,  party 
issues,  party  ballots  and  party  devices  are  foreign  to  the  needs  of  city  manage- 
ment. The  non-partisan  ballot  eliminates  all  this.  It  also  eliminates  the  danger 
of  machine  methods  in  local  politics  by  making  the  partisan  organization  inef- 
fective in  city  politics.  At  the  same  time  it  purifies  partisan  politics  by  restricting 
party  activities  to  the  legitimate  field  for  such  issues,  state  and  national  affairs. 

b.  The  preferential  ballot,  being  non-partisan,  does  away  with  party  primaries, 
and  party  enrollments,  and  provides  for  a  majority  election,  in  place  of  existing 
elections  by  dominant  minorities.  The  duplication  of  elections  and  nominations 
is  a  present  evil.  The  election  of  minority  candidates  is  under  the  old  methods 
an  ever  present  practice.  The  voter  has  a  first,  second  and  other  choices  on 
the  new  simplified  ballot.  This  form  of  ballot  also  enables  the  voter  to  do  what 
it  is  impossible  to  do  when  the  old  ballot  is  used.  He  can  effectively  register 
a  vote  against  a  candidate,  making  the  election  of  a  notoriously  obnoxious  candi- 
date impossible.     Simplicity  in  elections,  and   in  voting,  will  follow. 

c.  The  terms  of  office  will  be  four  years  in  place  of  two.  The  elections 
will  be  separate  from  the  state  and  national  elections.  The  number  of  people 
to  be  voted  for  will  be  fewer.  The  responsibility  will  be  concentrated.  The 
precincts  will  be  smaller.  The  voting  will  be  simpler  and  more  centered. 
Without  a  party  ballot,  a  confusion  of  elections,  a  confused  ballot,  and  minority 
elections  as  at  present,  no  political  machine  can  be  successfully  maintained. 

Concentration  of  Responsibility. 

a.  With  the  Mayor  powerless  to  remove  Commissioners,  with  departmental 
terms  of  office  over-lapping  that  of  the  Mayor,  and  with  the  Board  of  Estimates 
and  the  Council  dividing,  and  therefore  evading  the  tax-levying  responsibility, 
the  people  are  unable  to  lay  their  hands  upon  the  responsible  person,  but  if  they 
could  do  so,  they  are  helpless  for  they  do  not  now  have  the  power  to  discharge 
him.  Such  is  the  present  condition.  The  new  charter  gives  the  Mayor  a  four- 
year  term,  gives  him  power  to  veto  the  estimates  and  power  to  appoint  his  own 
department  heads,  and  to  discharge  them.  The  public  finger  can  then  reach  the 
responsible  man. 

b.  To  place  such  power  in  the  hands  of  an  elected  official,  without  retaining 
the  power  to  recall  would  be  fatal.  The  new  charter,  complying  with  the  mandate 
of  the  people,  provides  for  the  initiative,  referendum  and  recall.  If  the  people 
do  not  like  their  servants,  they  can  remove  them.  If  the  Common  Council  does 
not  enact  a  generally  desired  ordinance,  the  people  can,  by  a  5%  petition,  initiate, 
refer  and  enact  the  ordinance  by  ballot  themselves.  They  can  repeal  an 
obnoxious  ordinance  or  amend  this  charter  in  the  same  way. 

c.  Efficiency,  economy  and  concentration  of  responsibility  called  also  for 
the  abolition  of  the  Board  of  Estimates,  and  for  the  reduction  of  the  number  of 
Aldermen  from  two  to  one  from  each  ward.  The  undivided  responsibility  of 
the  Aldermen  will  under  the  proposed  charter  include  the  tax-raising  power. 
The  Mayor,  too,  will  have  closer  authority  over  the  City  Assessors,  so  that  no 
administration  can  blame  some  other  part  of  the  administration  or  some  hold- 
over ofificials  for  misdeeds  or  bad  judgment. 

d.  Municipal  progress  points  also  in  the  direction  of  a  shorter  ballot.  The 
reduction  of  the  number  of  Aldermen,  the  elimination  of  the  Estimators,  and 
the  elimination  of  the  primaries  will  make  for  a  shorter  ballot.  Smaller  precincts 
as  provided  and  better  voting  conditions  make  for  efficiency  in  the  polling  booth. 


Municipal  Ownership  and  Civil  Service. 

a.  The  new  charter  will  also  be  the  vehicle  for  the  provision  for  the  municipal 
ownership  of  street  railways.  The  municipal  ownership  charter  amendment 
adopted  by  the  people  last  spring  has  been  adopted  in  its  entirety  as  part  of  the 
proposed  charter,  excepting  some  minor  changes  intended  to  clear  away  am- 
biguities and  to  fortify  it  against  attacks  in  the  courts,  and,  excepting,  further, 
that  the  Street  Railway  Commissioners  are  made  more  directly  responsible  to 
the  Mayor,  and  are  paid  salaries  so  as  to  justly  make  available  the  services  of 
valuable  men,  who  are  not  necessarily  wealthy. 

b.  Similarly,  the  civil  service  amendment  to  the  old  charter  has  been  made 
an  inseparable  part  of  the  new  charter. 

c.  The  Public  Lighting  Commission  has  been  authorized  to  engage  in  com- 
mercial Hghting.  The  Municipal  Street  Railway  Commission  has  been  authorized, 
for  the  purpose  of  economy,  to  utilize  its  by-products. 

Water  Board. 

The  Water  Board  has  been  brought  under  the  nuinicipal  government. 

Recreation  Commission. 

A  Recreation  l  ommission  has  been  authorized  with  a  view  of  increasing  and 
improving  our  free  recreation  facilities  and  of  lifting  Detroit  out  of  her  present 
unenviable  status  as  the  city  with   the  least    play-ground   space  for  her   children. 

Wages  and  Working  Conditions. 

A  Bureau  of  Labor  Welfare  has  been  created.  A  minimum  wage  scale  has 
been  provided  for  city  employees,  with  an  8-hour  day  regulation.  The  city  is 
also  authorized  to  regulate  the  wages  and  working  conditions  of  employees  of 
public  service  corporations. 

Department  of  Public  Safety. 

To  conserve  life  and  property  by  insuring  safely  in  construction,  wiring, 
plumbing,  fire-proofing,  and  in  all  private  structures  and  public  works,  a  depart- 
ment with  concentrated  responsibility  has  been  created  from  which  all  such  per- 
mits and  licenses  will  issue. 

City  Statistician. 

Anticipating  the  enlargement  of  the  scope  of  municipal  activity,  notably  in 
street  car  operation  and  allied  functions,  the  position  of  City  Statistician  has 
been  created,  so  that  comparative  figures  in  all  branches  of  city  service  may  be 
gathered,  analyzed,  compared  and  applied  to  local  conditions,  thus  making  for 
nuinicipal   efficiency. 

City  Board  of  Health. 

In  conformity  with  the  principle  of  home  rule,  the  Health  Board  organiza- 
tion is  taken  over  from  the  state,  and  will  now  be  municipal  in  its  scope  and 
authority,  the  members  to  be  appointed  by  the  Mayor,  instead  of  by  the 
Governor.     The  municipal  funds  will  then  be  spent  by  municipal  oflicials. 

Increased  Public  Utility  Activities  Made  Possible. 

The  necessary  charter  machinery  has  been  constructed  to  make  possible  the 
l)uilding  of  a  municipal  hospital,  a  telephone  system,  garbage  incinerators  and  gas 
plant,  at  any  time  in  the  future.  The  power  will  lie  available  in  the  charter 
whether  it  will  be  used  or  not.  the  better  to  strengthen  the  city's  position  in 
meeting  its  problems. 


Bonds  of  Small  Denominations,  Permitted. 

Heretofore  the  smallest  denomination  in  which  municipal  bonds  were  issued 
was  $500.  The  proposed  charter  places  no  restriction  on  the  minimum  denomina- 
tion. The  city  may  thus  sell  $100  bonds,  or  less,  to  our  own  citizens,  the  better 
to  ensure  a  ready  market,  economy  in  marketing  bonds,  and  local  interest  in  the 
city's  credit. 

Salary  Changes. 

While  a  number  of  salary  items  have  been  eliminated  by  the  reduction  of  the 
number  of  elected  officials,  the  economy  thus  effected  has  been  ofifset  by  the 
raising  of  certain  important  salaries,  the  end  sought,  both  in  the  abolitions  and 
the  additions,  being  efficiency.  The  new  charter  is  expected  to  encourage  the 
entrance  into  the  municipal  service  of  men  of  high  calibre.  The  services  of  men 
of  this  grade  may  be  worth  more  than  the  salaries  herein  fi.xed.  Moreover,  no 
man  should  be  made  to  feel  that  his  lack  of  wealth,  together  with  the  lowness 
of  the  compensation,  makes  it  impracticable  for  him  to  offer  his  talents  to  the 
municipal  service.  This  new  charter  puts  the  city  in  the  position  of  expecting 
and  demanding  competency  in  officials. 

In  Conclusion. 

We  recommend  the  adoption  of  this  charter  as  embodying  not  all  the  desired 
reforms,  but  many  of  thetn  as  outlined  in  this  summary.  Detroit  cannot  afford 
to  be  behind  her  sister  cities  in  modernizing  her  obsolete  forms  of  government. 
Perfection  is  not  possible,  but  we  sincerely  believe  that  the  work  we  have  wrought 
in  framing  this  instrument  deserves  the  endorsement  of  the  people  of  Detroit, 

Respectfully  submitted, 

FREDERICK  F.  INGRAM. 
JOSEPH  MERRELL, 
PATRICK  \V,   KEATING, 
LOREN  W.  BURCH, 

Committee   on  Address  to   the  People. 

Adopted    by    the    (.'barter    Cotntnission   at    the    session    of    November   5,    1Q13 

EDWIN  DENBV. 

Pi-csidenl. 

RICHARD  LINDSAY, 
City  Clerk  and  Clerk  of  the  Charter  Conimission 


TO  BE  VOTED  UPON  AT  THE  SPECIAL  ELECTION  FEBRUARY  10,  1914 

REVISED  CHARTER 

OF  THE 

CITY  OF  DETROIT 


CHAPTER  I. 
CITY:    POWERS  AND  BOUNDARIES 


General  Powers: 

Sec.  1.  The  inhabitants  of  the  City  of  Detroit,  as  its  limits  now  are 
or  may  hereafter  be,  are  and  shall  continue  to  be  a  body  politic  and  cor- 
porate under  the  name  and  style  of  the  City  of  Detroit  and  as  such  shall  have 
perpetual  succession,  shall  have  and  use  a  corporate  seal  and  shall  have  such 
powers,  perform  such  duties  and  be  subject  to  such  limitations  as  are  pro- 
vided by  the  constitution  of  the  State  of  Michigan  and  the  laws  passed  in 
accordance  therewith. 

Two  Branches  of  Government: 

Sec.  2.  The  powers  of  local  government  possessed  by  the  city  are  divided 
into  two  departments,  the  legislative  and  administrative.  No  person  or  body 
belonging  to  one  department  shall  exercise  powers  properly  belonging  to 
the  other,  except  as  otherwise  herein  expressly  provided. 

Boundaries  of  City: 

Sec.  3.  The  territorial  limits  of  the  City  of  Detroit  shall  include  all  that 
tract  of  country  in  the  County  of  Wayne,  bounded  and  described  as  follows : 
Beginning  at  a  point  in  the  National  Boundary  line,  in  Lake  St.  Clair,  said 
point  being  the  intersection  of  said  line  with  a  line  200  feet  easterly  from  and 
parallel  with  the  easterly  line  of  Alter  Road,  extended  southerly,  thence 
northerly  along  said  line  200  feet  easterly  from  and  parallel  with  Alter  Road 
to  a  point  14.92  feet  northerly  of  the  south  line  of  Goethe  street;  thence  west- 
erly to  a  point  in  the  easterly  line  of  Private  Claim  257,  said  point  being  dis- 
tant 500  feet  southerly  along  said  line  from  the  center  line  of  Mack  avenue ; 
thence  northerly  along  said  easterly  line  of  Private  Claim  257  to  a  point  in 
the  center  line  of  Harper  avenue,  said  point  being  the  northeasterly  corner 
of  said  Private  Claim  257;  thence  westerly  along  the  rear  line  of  Private 
Claims  to  the  center  line  of  St.  Charles  avenue;  thence  northwesterly  along 
the  center  line  of  St.  Charles  avenue  to  the  center  line  of  Strong  avenue; 
thence  westerly  and  northwesterly  along  the  center  line  of  Strong  avenue 
to  the  intersection  of  the  center  line  of  Mt.  Elliott  avenue,  extended ;  thence 
we.'^terly  parallel   with    the   northerly   line   of  Grand   Boulevard    East,   being 


2  CITY   CHARTER— CHAPTER    I. 

the  soiUlierh-  line  of  Xewton  avenue,  to  a  point  in  the  easterly  line  of  St. 
Aubin  avenue ;  thence  northerly  along  said  easterly  line  of  St.  Aubin  avenue 
and  said  easterly  line  extended,  to  a  point  233  feet  northerly  of  the  south  line 
of  Quarter  Section  39  of  the  Ten  Thousand  Acre  Tract ;  thence  westerly  on 
a  line  233  feet  northerly  from  and  parallel  with  the  said  southerly  line  of 
Quarter  Section  39  to  a  point  in  the  westerly  line  of  right-of-way  of  Detroit, 
Grand  Haven  and  Milwaukee  Railroad  Co. ;  thence  northerly  along  the  said 
westerly  line  of  Detroit,  Grand  Haven  and  Milwaukee  Railroad  Co.'s  right- 
of-way  to  a  point,  the  intersection  of  said  westerly  line  of  right-of-way  and 
the  center  line  of  Quarter  Section  23,  Ten  Thousand  Acre  Tract ;  thence 
westerly  along  the  center  line  of  Quarter  Section  23.  and  the  center  lines  of 
Quarter  Sections  23,  25  and  26  of  the  Ten  Thousand  Acre  Tract  to  a  point 
250  feet  westerly  of  the  center  line  of  Hamilton  Boulevard ;  thence  southerly 
on  a  line  250  feet  westerly  from  and  parallel  with  said  center  line  of  Ham- 
ilton boulevard  to  a  point  233  feet  northerly  of  the  center  line  of  Bancroft 
avenue ;  thence  westerly  on  a  line  233  feet  northerly  from  and  parallel  with 
said  center  line  of  Bancroft  avenue  to  a  point  in  the  westerly  line  of  Twelfth 
street;  thence  southerly  along  the  westerly  line  of  Twelfth  street  to  a 
point  in  the  northerly  line  of  Quarter  Section  54,  Ten  Thousand  Acre 
Tract ;  thence  westerly  along  the  northerly  line  of  Quarter  Sections  54 
and  53,  Ten  Thousand  Acre  Tract,  to  a  point,  the  intersection  of  the  easterly 
line  of  the  westerly  one-quarter  of  Quarter  Section  48,  Ten  Thousand  Acre 
Tract,  with  the  said  northerly  line  of  Quarter  Section  53,  thence  northerly 
along  the  easterly  line  of  the  westerly  one-quarter  of  Quarter  Section  48,  Ten 
Thousand  Acre  Tract,  to  a  point  in  the  southerly  line  of  Joy  Road ;  thence 
westerly  on  the  said  southerly  line  of  Joy  Road,  and  said  line  extended,  to  a 
point  in  the  easterly  line  of  Livernois  avenue;  thence  southerly  along  said 
easterly  line  of  Livernois  avenue,  to  a  point  in  the  westerly  line  of  right-of- 
way  of  Pere  Marquette  Railroad  Co. ;  thence  southerly  along  the  westerly 
line  of  said  Pere  Marquette  Railroad  Co.'s  right-of-way  to  a  point  14.50  feet 
northerly  of  the  southeasterly  corner  of  lot  145  of  Crowley's  Subdivision  of 
part  of  the  east  half  of  Private  Claim  574;  thence  westerly  to  a  point,  the 
northwesterly  corner  of  A.  A.  Willson's  Subdivision  of  Lot  1,  Private  Claim 
266;  thence  southerly  along  the  westerly  line  of  said  Private  Claim  266,  to 
the  northeasterly  corner  of  Prix'ate  Claim  719;  thence  westerly  along  the  rear 
line  of  Private  Claim  719  to  the  northwesterly  corner  of  said  Private  Claim 
719;  thence  southerly  along  the  westerly  line  of  Private  Claim  719  to  the 
northeasterly  corner  of  Private  Claim  543 ;  thence  westerly  along  the  north- 
erly line  of  said  Private  Claim  543,  to  the  northwesterly  corner  of  said  Private 
Claim ;  thence  southerly  along  the  westerly  line  of  Private  Claim  543  to  the 
northwesterly  line  of  Baby  Creek;  thence  southerly  along  the  northwesterly 
line  of  Baby  Creek  to  its  intersection  with  the  center  line  of  River  Rouge; 
thence  southerly  following  the  meandering  of  said  center  line  of  River  Rouge 
down  stream  to  the  Detroit  River;  thence  southerly  to  the  National  Boundary 
Line;  thence  easterly  along  said  National  Boundary  Line  to  the  place  of 
beginning. 

Ward  Boundaries: 

Sec.  4.     The  city  is  hereby  divided  into  the  following  wards: 
The  First  Ward    shall  embrace  the  lands    within  the  following    boundary 
lines-     Conmiencing  at  the  intersection  of  the  National  Boundarv  Line  with 


CITY   CHARTER— CHAPTER    I.  3 

the  center  line  of  W'iKxhvard  ;i\  enue  projected,  and  running  thence  northerly 
along  said  line  and  along  the  center  line  of  said  Woodward  avenue  to  the 
northerly  boundary  line  of  the  city;  thence  easterly  along  said  northerly 
houndrv  line  to  the  center  line  of  Brush  street,  thence  southerly  along  the 
center  line  of  Brush  street  to  the  center  line  of  Holbrook  avenue;  thence 
southerly  along  the  center  line  of  Beaubien  street  and  said  line  extended  to 
the  National  Boundary  Line,  thence  westerly  along  said  boundary  line  to  the 
place  of  beginning. 

The  Second  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with 
the  center  line  of  Woodward  avenue  extended;  thence  running  northerly 
along  said  line  and  along  the  center  line  of  Woodward  avenue  to  the  northerly 
boundary  line  of  the  city  ;  thence  westerly  along  said  northerly  boundary  line 
to  the  center  line  of  Second  avenue;  thence  southerly  along  the  center  line 
I  if  Second  avenue  to  the  center  line  of  Grand  River  avenue;  thence  south- 
easterly along  the  center  line  of  Grand  Ri\er  avenue  to  the  intersection  with 
the  center  line  of  First  street ;  thence  southerl}-  along  the  center  line  of  First 
street  and  said  line  extended  to  the  National  Boundary  Line,  and  thence 
easterly  along  the  National   Boundary  Line  to  the  place  of  beginning. 

The  Third  \\ard  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
center  line  of  Beaubien  street  projected;  thence  northerly  along  said  line  and 
along  the  center  line  of  Beaubien  street  to  the  center  line  of  Holbrook  avenue; 
thence  northerlv  along  the  center  line  of  Brush  ^--treet  to  the  northerly  line 
of  the  city;  thence  easterly  along  the  northerly  line  of  the  city  to  the  center 
line  of  Goodwin  avenue;  thence  southerly  along  the  center  line  of  Goodwin 
avenue,  to  the  center. line  of  Holbrook  avenue;  thence  westerly  along  the 
center  line  of  lli)lbrook  a\enue  to  the  center  line  of  Oakland  axenue;  thence 
■southerly  alcmg  the  center  line  of  Oakland  avenue  to  the  center  line  of 
Marston  axenue;  thence  easterly  along  the  center  line  of  Marston  avenue 
to  the  center  line  of  Melrose  avenue ;  thence  southerl}'  along  the  center  line  of 
Melrose  avenue  and  Hastings  street  and  said  center  line  of  Hastings  street 
projected  to  the  National  Boundary  Line;  thence  westerly  along  said  National 
Pioundary  Line  to  the  place  of  beginning. 

The  Fourth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
center  line  of  First  street  projected  and  running  thence  northerly  along  said 
line  and  along  the  center  line  of  First  street  to  the  center  line  of  Grand 
River,  avenue;  thence  northwesterly  along  the  center  line  of  Grand  River 
avenue  to  the  center  line  of  Second  avenue;  thence  northerlv  along  the 
center  line  of  Second  avenue  to  the  northerly  boundary  limits  of  the  city; 
■thence  westerly  along  the  northerly  boundary  limits  of  the  city  to  the  center 
line  of  Hamilton  boulevard  ;  thence  southerly  along  the  center  line  of  Hamil- 
ton boulevard  and  Greenwood  avenue  to  the  center  line  of  Grand  River 
avenue  thence  southeasterly  along  the  center  line  of  Grand  River  avenue  to' 
the  center  line  of  Fifth  street :  thence  southerly  along  the  center  line  of  Fifth 
street  and  said  center  line  projected  to  the  National  Boundary  Line;  thence 
easterly  along  the  National  Boundary  Line  to  the  place  of  beginning. 

The  Fifth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundarv  IJne  with  the 
center  line  of  Hastings  street  projected  ;  thence  northerly  along  said  line  and 
along  the  center  line  of  said  Hastings  street  and  Melrose  avenue  to  the  center 


4  CITY    CHARTER— CHAPTER    I. 

line  of  Marston  avenue ;  thence  westerly  along  the  center  line  of  Marston 
avenue  to  the  center  line  of  Oakland  avenue;  thence  northerly  along  the  center 
line  of  Oakland  avenue  to  the  center  line  of  Holbrook  avenue ;  thence  easterly 
along  the  center  line  of  Holbrook  avenue  to  the  center  line  of  Goodwin  ave- 
nue; thence  northerly  along  the  center  line  of  Goodwin  avenue  to  the  northerly 
limits  of  the  city ;  thence  easterly  along  the  northerly  limits  of  the  city  to 
the  center  line  of  Russell  street;  thence  southerly  along  the  center  line  of 
Russell  street  to  the  center  line  of  Caniff  avenue;  thence  easterly  along  the 
center  line  of  Canitif  avenue  to  the  center  line  of  Russell  street;  thence  south- 
erly along  said  center  line  of  Russell  street  to  the  center  line  of  Westminster 
avenue;  thence  westerly  along  the  center  line  of  Westminster  avenue  to  the 
center  line  of  Russell  street ;  thence  southerly  along  the  center  line  of  Russell 
street  and  said  center  line  projected,  to  the  National  Boundary  Line,  thence 
westerly  along  the  National  Boundary  Line  to  the  place  of  beginning. 

The  Sixth  Ward  shall  embrace  all  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
center  line  of  Fifth  street  projected;  thence  northerly  along  said  line  and 
along  the  center  line  of  Fifth  street  to  the  center  line  of  Grand  River  avenue : 
thence  northwesterly  along  the  center  line  of  Grand  River  avenue  to  the 
center  line  of  Greenwood  avenue ;  thence  northerly  along  the  center  line  of 
Greenwood  avenue  and  Hamilton  boulevard  to  the  northerly  limits  of  the 
city ;  thence  westerly  along  the  northerly  limits  of  the  city  to  the  westerly 
city  limits;  thence  southerly  along  the  westerly  city  limits- to  a  point  233 
feet  north  of  the  center  line  of  Bancroft  avenue;  thence  westerly  on  a  line 
parallel  with  said  Bancroft  avenue  and  233  feet  northerly  of  the  center 
line  thereof  (being  the  boundary  limits  of  the  city),  to  the  center  line 
of  Wilson  avenue;  thence  southerly  along  the  center  line  of  Wilson 
avenue  to  the  center  line  of  Seward  avenue;  thence  easterly  along 
the  center  line  of  Seward  avenue  to  the  center  line  of  Greenfield  avenue ; 
thence  southerly  along  the  center  line  of  Greenfield  avenue  to  the  center 
line  of  Grand  boulevard  west ;  thence  easterly  along  the  center  line  of  said 
boulevard  to  the  intersection  with  the  center  line  of  Stirling  avenue  projected  ; 
thence  southwesterly  along  the  center  line  of  said  Stirling  avenue  to  the 
center  line  of  Holden  avenue ;  thence  southeasterly  along  the  center  line  of 
Holden  avenue  to  the  center  line  of  Trumbull  avenue;  thence  southerly  along 
the  center  line  of  Trumbull  avenue  to  the  center  line  of  Fort  street  west ; 
thence  easterly  along  the  center  line  of  Fort  street  west  to  the  center  line  of 
Eighth  street;  thence  southerly  along  the  center  line  of  Eighth  street  and 
said  center  line  projected  to  the  National  Boundary  Line;  thence  easterly 
along  the  National  Boundary  Line  to  the  place  of  beginning. 

The  Seventh  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
center  line  of  Russell  street  projected ;  thence  northerly  along  said  line  and 
the  center  line  of  Russell  street  to  the  center  line  of  Westminster  avenue; 
thence  easterly  along  said  center  line  of  Westminster  avenue  to  the  center 
line  of  Russell  street;  thence  northerly  along  the  center  line  of  Russell  street 
to  the  center  line  of  Canift"  avenue;  thence  westerly  along  the  center  line  of 
Caniff  avenue  to  the  center  line  of  Russell  street;  thence  northerly  along  the 
center  line  of  Russell  street  to  the  northerly  boundary  limits  of  the  city, 
thence  easterly  along  said  northerly  boundary  limits  to  the  easterly  boundarv 
limits  of  the  city,  being  the  west  line  of  the  Detroit,  Grand  Haven  &  Mil- 
waukee railway  right-of-way;  thence  southerly  along  said  easterly  boundarv 


CITY   CHARTER— CHAPTER    I.  5 

limits  to  a  point  233  feet  northerly  of  the  south  line  of  Quarter  Section  29,  of 
the  Ten  Thousand  Acre  Tract;  thence  easterly  along  the  city  limits  to  the 
center  line  of  the  right-of-way  of  the  Detroit,  Grand  Haven  &  Milwaukee  Ry. ; 
thence  southerly  along  the  center  line  of  said  right-of-way  and  along  the 
center  line  of  Dequindre  street  and  said  center  line  projected,  to  intersection 
with  National  Boundary  Line ;  thence  westerly  along  said  National  Boundary 
Line  to  the  place  of  beginning. 

The  Eighth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
center  line  of  Lighth  street  projected  and  running  thence  northerh'  along 
said  line  and  along  said  center  line  of  Eighth  street  to  the  center  line  of  Fort 
street  west ;  thence  westerly  along  the  center  line  of  Fort  street  west  to  the 
center  line  of  Trumbull  avenue ;  thence  northerly  along  said  center  line  of 
Trumbull  avenue  to  the  center  line  of  Holden  avenue;  thence  northwesterly 
along  the  center  line  of  Holden  avenue  to  the  center  line  of  Stirling  avenue; 
thence  northerly  along  the  center  line  of  Stirling  avenue  to  Grand  boulevard 
west;  thence  northwesterly  to  the  center  line  of  Greenfield  avenue; 
thence  northerly  along  the  center  line  of  Greenfield  a\enue  to  the 
center  line  of  Seward  avenue;  thence  westerly  along  the  center  line  of  Seward 
avenue  to  the  center  line  of  Wilson  avenue ;  thence  northerly  along  the 
center  line  of  Wilson  avenue  to  the  northerly  limits  of  the  city;  thence 
westerly  along  the  northerly  limits  of  the  city  to  the  westerly  line  of  Twelfth 
street;  thence  southerly  along  the  westerly  line  of  Twelfth  street  to  a  point 
in  the  northerly  line  of  Quarter  Section  54.  of  the  Ten  Thousand  Acre  Tract ; 
thence  westerly  along  the  northerly  line  of  said  Quarter  Section  54  (being 
the  city  limits)  to  the  center  line  of  Fourteenth  avenue;  thence  southerly 
along  the  center  line  of  Fourteenth  avenue  to  the  center  line  of  Grand  boule- 
vard west ;  thence  easterly  along  the  center  line  of  Grand  boulevard  west  to 
the  intersection  with  the  center  line  of  Wabash  avenue ;  thence  southerly  along 
the  center  line  of  Wabash  avenue  to  the  center  line  of  Howard  street ;  thence 
easterly  along  the  center  line  of  Howard  street  to  the  center  line  of  Vermont 
avenue ;  thence  southerly  along  the  center  line  of  Vermont  avenue  and 
said  center  line  extended  to  the  National  Boundary  Line ;  thence  easterly 
along  said  National  Boundary  Line  to  the  place  of  beginning. 

The  Ninth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
center  line  of  Dequindre  street  projected;  thence  northerly  along  said  line 
and  along  the  center  line  of  Dequindre. street  and  the  center  line  of  the  Detroit, 
Grand  Haven  &  Milwaukee  railway  right-of-way  to  a  point  233  feet  northerly 
of  the  south  line  of  Quarter  Section  39,  of  the  Ten  Thousand  Acre  Tract ; 
thence  easterly  along  the  line  of  the  city  limits  to  its  intersection  with  the 
easterly  line  of  St.  Aubin  avenue  extended :  thence  southerly  along  the 
easterly  line  of  St.  Aubin  avenue  and  said  line  extended,  to  a  point  at  the 
intersection  of  the  easterly  line  of  St.  Aubin  avenue  with  the  northerly  city 
limits  at  Newton  avenue;  thence  easterly  along  the  line  of  the  city  limits  to 
the  center  line  of  Joseph  Campau  avenue ;  thence  southerly  along  the  center 
line  of  Joseph  Campau  avenue  to  the  intersection  with  the  center  line  of 
Chene  street  in  Grand  boulevard  east;  thence  southerly  along  the  center  line 
of  Chene  street  and  said  center' line  projected  to  the  National  Boundary  Line; 
thence  westerly  along  said  National  Boundary  Line  to  the  place  of  beginning. 

The  Tenth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:     Beginning  at  the  intersection   of  the   National   Boundary   Line  with 


6  CITY  CHARTER— CHAPTER   I. 

the  center  line  of  Vermont  avenue  extended ;  thence  northerly  along  said  line 
and  along  the  center  line  of  Vermont  avenue  to  the  center  line  of  Howard 
street ;  thence  westerly  along  the  center  line  of  Howard  street  to  the  center 
line  of  Wabash  avenue;  thence  northerly  along  the  center  line  of  Wabash 
avenue  to  the  center  line  of  Grand  boulevard  west;  thence  westerl}-  along 
the  center  line  of  Grand  boulevard  west  to  the  intersection  of  the  center  line 
of  Fourteenth  avenue;  thence  northerly  along  the  center  line  of  Fourteenth 
avenue  to  the  city  limits;  thence  westerly  along  the  city  limits  to  the  center 
line  of  Lawton  avenue;  thence  southerly  along  the  center  line  of  Lawton 
avenue  to  the  center  line  of  A'IcGraw  avenue;  thence-easterly  along  the  center 
line  of  McGraw  avenue  to  the  westerly  line  of  the  Loranger  farm ;  thence 
southerly  along  the  said  westerly  line  of  the  Loranger  farm  to  the  northerly 
line  of  Michigan  avenue;  thence  southerly  along  the  center  line  of  Twentieth 
street  to  the  center  line  of  Fort  street  west ;  thence  easterly  along  the  center 
line  of  Fort  street  west  to  the  center  line  of  Nineteenth  street ;  thence  south- 
erly along  the  center  line  of  Nineteenth  street,  and  said  line  projected  to  the 
National  Boundary  Line;  thence  easterly  along  the  said  National  Boundary 
Line  to  the  place  of  beginning. 

The  Eleventh  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Botmdary  Line  with  the 
center  line  of  Chene  street  projected,  thence  northerly  along  said  line  and 
along  the  center  line  of  Chene  street  to  the  intersection  of  said  center  line 
with  the  center  line  of  Joseph  Campau  avenue  in  East  Grand  bouelvard ; 
thence  easterly  in  said  boulevard  to  the  intersection  of  the  center  line  of  that 
part  of  the  Grand  Boulevard  east  running  in  a  southerly  direction ;  thence 
southerly  along  the  center  line  of  said  Grand  boulevard  east  and  the  center 
line  of  McDougall  avenue  and  said  center  line  extended  in  a  southerly  direc- 
tion to  the  National  Boundary  Line;  thence  westerly  along  the  National 
Boundary  Line  to  the  place  of  beginning. 

The  Twelfth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with 
the  center  line  of  Nineteenth  street  projected;  thence  northerly  along  said 
line  and  along  the  center  line  of  said  Nineteenth  street  to  the  center  line  of 
Fort  street  west;  thence  westerly  along  the  center  line  of  Fort  street  west  to 
the. intersection  of  the  center  line  of  Twentieth  street;  thence  northerly  along 
the  center  line  of  Twentieth  street  and  the  westerly  line  of  the  Loranger 
farm  to  the  center  line  of  McGrav^^  avenue ;  thence  westerly  along  the  center 
line  of  McGraw  avenue  to  the  intersection  with  the  center  line  of  Lawton 
avenue;  thence  northerly  along  the  center  line  of  Lawton  avenue  to  the 
northerly  city  limits ;  thence  following  the  line  of  the  city  limits  westerly 
and  northerly  to  the  Joy  road;  thence  westerly  along  the  Joy  road  to  the 
intersection  of  the  center  line  of  Dexter  boulevard ;  thence  southerly  along 
said  center  line  of  Dexter  boulevard  to  the  center  line  of  Grand  boulevard 
west ;  thence  southerly  along  the  center  line  of  \''inewood  avenue  to  the 
intersection  with  the  center  line  of  Brown  place ;  thence  easterly  along  the 
center  line  of  Brown  place  to  the  center  line  of  Roosevelt  avenue ;  thence 
southerly  along  the  center  line  of  Roosevelt  avenue  to  the  center  line  of 
McGraw  avenue ;  thence  easterly  along  the  center  line  of  McGraw  avenue 
to  the  westerly  line  of  the  Porter  farm;  thence  southerly  along  the  westerly 
line  of  said  Porter  farm  to  the  center  line  of  Lafayette  boulevard;  thence 
westerly  along  the  center  line  of  Lafayette  boulevard  to  the  center  line  of 
Grand  boulevard  west ;  thence  southerly  through  the  center  of  said   Grand 


CITY   CHARTER— CHAPTER    I.  < 

boulevard  west  and  said  center  line  projected  to  the  National  Boundary  Line; 
thence  easterly  along  said  National  Boundary  Line  to  the  place  of  beginning. 

The  Thirteenth  Ward  shall  embrace  the  lands  within  the  following 
boundary  lines:  Beginning  at  the  intersection  of  the  National  Boundary 
Line  with  the  center  line  of  McDougall  avenue  projected;  thence  northerly 
along  said  line  and  along  the  center  line  of  McDougall  avenue  and  along 
the  center  line  of  Grand  boulevard  east  to  a  point  in  that  part  of  Grand 
boulevard  east  running  in  a  westerly  direction  ;  thence  westerly  along  a  line 
in  said  Grand  boulevard  east  to  the  intersection  of  the  center  line  of  Joseph 
Campau  avenue  and  Chene  street ;  thence  northerly  along  the  center  line  of 
Joseph  Campau  avenue  to  the  city  limits;  thence  easterly  along  the  line  of 
the  city  limits  to  the  center  line  of  Mt.  Elliott  avenue;  thence  southerly 
following  the  center  line  of  said  Mt.  Elliott  avenue  and  said  center  line  pro- 
jected to  the  National  Boundary  Line;  thence  westerly  along  said  National 
Boundary  Line  to  the  place  of  beginning. 

The  Fourteenth  Ward  shall  embrace  the  lands  within  the  following 
boundary  lines:  Beginning  at  the  intersection  of  the  National  Boundary 
Line  with  the  center  line  of  Grand  boulevard  west  projected,  and  running 
northerly  along  said  line  and  along  the  center  line  of  Grand  boulevard  west 
•to  the  intersection  with  the  center  line  of  Lafayette  boulevard ;  thence  east- 
erly along  the  center  line  of  Lafayette  boulevard  to  the  westerly  line  of  the 
Porter  farm ;  thence  northerly  along  the  westerly  line  of  said  Porter  farm 
to  the  center  line  of  McGraw  avenue;  thence  westerly  along  the  center  line  of 
McGraw  avenue  to  the  intersection  with  the  center  line  of  Roosevelt  avenue  ;  thence 
northerly  along  the  center  line  of  Roosevelt  avenue  to  the  intersection  with  the 
center  line  of  Brown  place  ;  thence  westerly  along  the  center  line  of  Brown  place  to 
the  center  line  of  Vinewood  avenue;  thence  northerly  along  the  center  line  of 
Vinewood  avenue  to  the  center  line  of  Dexter  boulevard;  thence  northerly 
along  the  center  line  of  Dexter  boulevard  to  the  city  limits;  thence  westerly 
along  the  northerly  city  limits  to  the  intersection  of  the  center  line  of  Grand 
River  avenue;  thence  southeasterly  along  the  center  line  of  Grand  River 
avenue  to  the  intersection  with  the  center  line  of  Maplewood  avenue ;  thence 
westerly  along  the  center  line  of  Maplewood  avenue  to  the  center  line  of 
Beechwood  avenue ;  thence  southerly  along  the  center  line  of  Beechwood 
avenue  to  the  center  line  of  Tireman  avenue ;  thence  easterly  along  the  center 
line  of  Tireman  avenue  to  the  center  line  of  Boxwood  avenue;  thence  south- 
erly along  the  center  line  of  Boxwood  avenue  to  the  center  line  of  Moore 
place ;  thence  easterly  along  the  said  center  line  of  Moore  place  to  the  center 
line  of  Thirtieth  street,  thence  southerly  along  the  center  line  of  Thirtieth 
street  to  the  center  line  of  McGraw  avenue ;  thence  easterly  along  the  center 
line  of  McGraw  avenue  to  the  westerly  line  of  Private  Claim  47;  thence 
southerly  along  the  westerly  line  of  Private  Claim  47  and  said  line  extended 
to  the  National  Boundary  Line;  thence  easterly  along  the  National  Boundary 
Line  to  the  place  of  beginning. 

The  Fifteenth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boimdary  Line  with  the 
center  line  of  Mt.  Elliott  avenue  extended ;  thence  northerly  along  said  line 
and  along  the  center  line  of  said  Mt.  Elliott  avenue  to  the  intersection  of  the 
center  line  of  Strong  avenue,  being  the  northerly  boundary  limits  of  the 
city :  thence  easterly  along  the  center  line  of  Strong  avenue,  and  the  north- 
erly boundary  line  of  the  city,  to  the  center  line  of  St.  Charles  avenue;  thence 
southerly  along  the  center  line  of  St.  Charles  avenue  to  the  rear  line  of  private 


8  CITY   CHARTER— CHAPTER   I. 

claims  in  Harper  avenue ;  thence  easterly  along  the  center  line  of  Harper 
avenue  to  the  center  line  of  Field  avenue;  thence  southerly  along  the  center  line 
of  Field  avenue  and  said  center  line  projected  to  the  channel  in  the  Detroit  river, 
between  the  island  known  as  Belle  Isle  Park  and  the  mainland ;  thence  easterly 
along  the  channel  between  said  island  and  the  mainland  to  the  channel  at  the  east- 
erly end  of  said  island ;  thence  southerly  along  said  channel  to  the  National 
Boundary  Line  and  thence  westerly  along  said  National  Boundary  Line  to  the 
place  of  beginning. 

The  Sixteenth  Ward  shall  embrace  the  lands  within  the  following  boundary 
lines:  Beginning  at  the  intersection  of  the  National  Boundary  Line  with  the 
westerly  line  of  P.  C.  47  extended;  thence  northerly  along  the  said  line  and 
along  the  westerly  line  of  said  Private  Claim  47  to  the  center  line  of  McGraw 
avenue;  thence  westerly  along  McGraw  avenue  to  the  center  line  of  Thirtieth 
street ;  thence  running  northerly  following  the  center  line  of  Thirtieth  street 
to  the  center  line  of  Moore  place  and  thence  along  the  center  line  of  Moore 
place  to  the  center  line  of  Boxwood  avenue ;  thence  through  the  center  line 
of  Boxwrood  avenue  to  the  center  line  of  Tireman  avenue ;  thence  through 
the  center  line  of  Tireman  avenue  to  the  center  line  of  Beechwood  avenue 
thence  through  the  center  line  of  Beechwood  avenue  to  the  center  line  of 
Maplewood  avenue;  thence  through  the  center  line  of  Maplewood  avenue 
eastwardly  to  the  center  line  of  Grand  River  avenue;  thence  northwesterly 
through  the  center  line  of  Grand  River  avenue  to  the  city  limits;  thence 
westerly  along  said  city  limits  to  the  east  line  of  Livernois  avenue  in  the  line 
of  the  city  limits ;  thence  southerly  along  the  said  east  line  of  Livernois  avenue  to 
the  city  limits  on  the  westerly  side  of  the  Pere  Marquette  Railroad ;  thence 
southerly  along  said  city  limits  to  a  point  where  said  city  limits  turn  in  a 
westerly  direction ;  thence  westerly  along  said  city  limits  to  the  intersection 
of  the  center  line  of  Livernois  avenue;  thence  southerly  along  the  center  line 
of  said  Livernois  avenue  to  the  cerjter  line  of  Dix  avenue ;  thence  westerly 
along  the  center  line  of  Dix  avenue  to  the  center  line  of  Artillery  avenue :  thence 
southerly  along  the  center  line  of  Artillery  avenue  to  the  center  line  of  West 
Jefiferson  avenue ;  thence  easterly  along  the  center  line  of  West  Jefferson  avenue  to 
the  west  line  of  Private  Claim  39  in  the  line  of  Cavalry  avenue,  if  extended  ;  thence 
southerly  along  the  west  line  of  Private  Claim  39  and  said  west  line  projected 
southerly  to  the  National  Boundary  Line ;  thence  easterly  along  said  National 
Boundary  Line  to  the  place  of  beginning. 

The  Seventeenth  Ward  shall  embrace  the  lands  within  the  following 
boundary  lines:  Beginning  at  the  intersection  of  the  channel  of  the  Detroit 
river  between  the  mainland  and  Belle  Isle  Park  and  the  center  line  of  Field 
avenue  projected  in  a  southerly  direction;  thence  northerly  along  said  line 
and  along  the  center  line  of  said  Field  avenue  northerly  to  the  rear  line  of 
Private  Claims  in  Harper  avenue,  being  the  northerly  city  limits ;  thence 
easterly  along  the  northerly  city  limits  to  the  intersection  of  the  center  line 
of  Fischer  avenue ;  thence  southerly  along  the  center  line  of  Fischer  avenue 
to  the  center  line  of  Jefiferson  avenue;  thence  westerly  along  the  center  line 
of  Jefferson  avenue  to  the  westerly  line  of  Private  Claim  72Z ;  thence  south- 
erly along  the  westerly  line  of  said  Private  Claim  723  line  projected  in  a 
southerly  direction  to  the  center  of  the  channel  between  Belle  Isle  Park  and 
the  mainland;  thence  westerly  along  the  center  of  said  channel  to  the  place 
of  beginning. 

The  Eighteenth  Ward  shall  embrace  the  lands  within  the  following 
boundary   lines:     Beginning  at   the   intersection   of   the   National    Boundarv 


CITY  CHARTER— CHAPTER   I.  ^ 

Line  with  the  west  line  of  Private  Claim  39  projected,  and  thence  northerly 
along  said  line  and  along  the  westerly  line  of  Private  Claim  39  to  the  center 
line  of  West  Jefferson  avenue  at  Cavalry  avenue;  thence  westerly  along  the 
center  line  of  West  Jefferson  avenue  to  the  center  line  of  Artillery  avenue ;  thence 
nortlierly  along  the  center  line  of  Artillery  avenue  to  the  center  line  of  Dix  avenue; 
thence  easterly  along  the  center  line  of  Dix  avenue  to  the  center  line  of  Livernois 
avenue;  thence  northerly  along  the  center  line  of  Livernois  avenue  to  the  north- 
erly city  limits ;  thence  westerly  following  the  line  of  the  city  limits  to  the 
center  line  of  Central  avenue ;  thence  along  the  center  line  of  Central  avenue 
to  the  center  line  of  Fort  street  west;  thence  weste:  ly  along  the  center  line 
of  Fort  street  west  to  the  center  line  of  West  End  avenue,  thence  southerly 
along  the  center  line  of  West  End  avenue  and  said  center  line  projected  to 
the'^River  Rouge;  being  the  city  limits;  thence  .southerly  following  the 
meanderings  along  the  center  of  the  River  Rouge,  down  stream  to  the  Detroit 
river  and  thence  southerly  to  the  National  Boundary  Line,  thence  along  the 
National  Boundary  Line  to  the  place  of  beginning. 

The  Nineteenth  Ward  shall  embrace  the  lands  within  the  following 
boundary  lines:  Beginning  at  the  intersection  of  the  center  of  the  channel 
of  the  Detroit  river  between  Belle  Isle  Park  and  the  mainland  and  the  west 
line  of  Private  Claim  723  projected ;  thence  northerly  along  said  line  and  along 
the  line  of  Private  Claim  111  to  the  center  line  of  Jefferson  avenue;  thence 
easterly  along  the  center  line  of  Jefferson  avenue  to  the  center  line  of  Fischer 
avenue,  and  thence  northerly  along  the  center  line  of  Fischer  avenue  to  the 
northerly  city  limits,  being  the  rear  line  of  private  claims  in  Harper  avenue ; 
thence  easterly  along  the  rear  line  of  private  claims,  being  the  northerly 
limits  of  the  city,  to  the  northeast  corner  of  the  City  of  Detroit  in  Harper 
avenue,  being  the  east  line  of  Private  Claim  257;  thence  south  along  the 
easterly  line  of  Private  Claim  257  and  along  said  line  projected  to  the  channel 
of  the  Detroit  river  between  Belle  Isle  Park  and  the  mainland  and  thence 
westerly  to  the  place  of  beginning. 

The  Twentieth  Ward  shall  embrace  the  lands  within  the  following 
boundary  lines:  Beginning  at  the  intersection  of  the  boundary  line  of  the 
city  and  the  River  Rouge  with  the  center  line  of  West  End  avenue  projected 
and  thence  northerly  along  said  line  and  along  the  center  line  of  West  End 
avenue  to  the  center  line  of  Fort  street  west;  thence  easterly  along  the  center 
line  of  Fort  street  west  to  the  center  line  of  Central  avenue;  thence  northerly 
along  the  center  line  of  Central  avenue  to  the  northerly  limits  of  the  city; 
thence  following  the  northerly  and  the  westerly  line  of  the  city  limits  along 
the  northwesterly  line  of  Balay  Creek  to  its  intersection  with  the  center  line 
of  the  River  Rouge;  thence  southerly  following  the  meanderings  of  said 
River  Rouge  down  stream  to  its  intersection  with  the  center  line  of  West  End 
avenue  projected,  being  the  place  of  beginning. 

The  Twenty-first  Ward  shall  embrace  the  lands  within  the  following 
boundaries :  Beginning  at  the  intersection  of  the  channel  bank  of  the  Detroit 
river  between  Belle  Isle  Park  and  the  mainland,  and  the  easterly  line  of 
Private  Claim  257  projected;  thence  northerly  along  said  line  and  along  the 
easterly  line  of  Private  Claim  257,  to  a  point  500  feet  southerly  along  said 
line,  from  the  center  of  Mack  road;  thence  easterly  along  the  city  limits  to  a 
point  14.92  feet  northerly  of  the  south  line  of  Goethe  street,  200  feet  easterly  of 
the  Alter  road ;  thence  southerly  along  a  line  two  hundred  feet  easterly  of 
the  Alter  road,  and  said  line  projected  to  the  National  Boundary  Line  in  Lake  St. 
Clair,  said  line  being  the  easterly  city  limits ;  thence  along  the  National  Boundary 


10  CITY  CHARTER— CHAPTER  I. 

Line  to  the  channel  of  the  Detroit  river  at  the  easterly  end  of  Belle  Isle  Park; 
thence  along  said  channel  northerly  to  the  center  of  the  channel  between  said 
island  and  the  mainland  and  thence  westerly  along  said  last  mentioned  channel  to 
the  place  of  beginning. 


CITY    CHARTER— CHAPTER    II.  U 


CHAPTER  II. 

REGISTRATION 

Election  Districts: 

Sec.  1.  The  Common  Council  shall  by  ordinance  divide  the  several  wards 
of  the  city  into  election  districts,  which  shall  be  bounded  by  ward  lines,  by 
streets  or  alleys,  or  other  well  known  and  established  boundary  lines,  and 
which  shall  contain  not  more  than  five  hundred  electors. 

New  Election  Districts: 

Sec.  2.  \Vhen  any-  election  district  shall  contain  over  five  hundred  electors, 
the  Election  Commission  shall  recommend  the  division  thereof  and  the  Com- 
mon Council  shall  either  divide  such  district  into  two  or  more  election  dis- 
tricts, attach  a  portion  thereof  to  an  adjoining  district,  or  re-district  the  entire 
ward  or  any  part  thereof  in  which  such  election  district  is  located.  When  a 
district  shall  be  divided,  or  the  boundaries  thereof  changed,  the  Common 
Council  shall  assign  the  several  registrars  and  inspectors  of  such  district  to 
the  new  districts  in  which  they  respectively  reside,  and  appoint  a  sufficient 
number  of  qualified  electors  of  such  new  districts  to  serve  until  their  suc- 
cessors shall  be  elected  or  appointed,  who,  with  the  persons  so  assigned,  and 
a  chairman  to  be  designated  by  the  Common  Council,  shall  constitute  the 
registrars  and  inspectors  of  election  of  such  new  district.  Whenever  a  ward 
shall  ha\  e  been  redistricted  or  the  boundaries  of  an  election  district  changed, 
as  herein  provided,  and  registrars  and  inspectors  shall  have  been  elected  or 
appointed  to  the  election  districts  as  altered,  the  City  Clerk  shall  transfer 
from' the  old  register  or  registers  into  the  new  registers  provided  for  the  new 
districts  the  names  of  such  electors  as  shall  at  the  time  reside  in  such  new 
districts,  and  mark  out  the  same  in  the  old  register  or  registers  in  the  same 
manner  as  herein  provided  in  the  case  of  removals. 

Election  Booths: 

Sec.  3.  The  Common  Council  shall  provide  suitable  places  for  holding 
registrations  and  elections  in  each  election  district,  according  to  such  specifi- 
cations as  the  Election  Commission  shall  furnish,  which  places  shall  be  known 
as  election  booths.  In  drafting  the  specifications  for  the  construction  and 
interior  arrangement  of  the  election  booths,  the  Election  Commission  shall 
specify  and'  the  Common  Council  shall  provide  such  compartments  therein, 
of  which  there  shall  be  at  least  one  in  each  election  booth  for  each  one  hun- 
dred electors  entitled  to  vote  therein,  as  shall  secure  complete  secrecy  to 
each  elector  when  marking  his  ballot,  which  compartments  shall  be  known 
as  voting  stalls.  Election  booths  to  be  used  in  any  election  shall  be  located 
before  the  publication  of  the  notice,  herein  required,  of  the  sessions  of  the 
several  Boards  of  Registration  for  that  election. 

Board  of  Registration : 

Sec.  4.     The  three  Registrars  of  Election  of  each  election  district  shall  con- 


12  CITY  CHARTER— CHAPTER  II. 

stitute  the  Board  of  Registration  of  Electors  therein.  The  person  receiving 
the  highest  number  of  votes  for  registrar  in  any  election  district  shall  be  the 
Chairman  of  the  Board  of  Registration  of  that  district. 

Sessions  of  Boards  of  Registrars: 

Sec.  5.  On  the  third  Monday  of  September  and  the  following  Tuesday 
and  Wednesday  in  the  year  nineteen  hundred  and  sixteen  and  every  fourth 
year  thereafter,  on  the  third  Monday  of  September  and  the  following  Tues- 
day in  the  year  nineteen  hundred  and  fourteen  and  very  fourth  year  there- 
after, on  the  first  Wednesday  of  March  in  the  year  nineteen  hundred  and 
fifteen  and  every  second  year  thereafter,  and  on  such  other  day  preced- 
ing any  special  election  as  may  be  required  by  law,  the  Boards  of  Registration 
shall  be  in  session  in  their  respective  election  districts  at  such  places  as  shall 
be  designated  in  the  notice  of  registration  to  be  printed  by  the  City  Clerk  as 
herein  provided,  from  eight  o'clock  in  the  forenoon  (central  standard  time) 
until  nine-thirty  o'clock  in  the  evening  (central  standard  time)  without  inter- 
mission.   Their  sessions  shall  be  public. 

General  and  Supplementary  Registrations : 

Sec.  6.  On  the  third  Monday  of  September  and  the  following  Tuesday  and 
Wednesday  in  the  year  nineteen  hundred  and  sixteen  and  every  fourth  year 
thereafter  there  shall  be  a  new  general  registration  of  all  the  electors  in  the 
several  election  districts.  Such  registration  shall  be  made  in  the  registers  of 
electors  for  such  district*  and  shall  be  of  the  names  of  all  persons  at  the  time 
residing  in  such  districts  and  qualified  as  electors  therein  according  to  the 
provisions  of  the  constitution  and  as  herein  provided.  At  all  other  sessions 
of  the  Board  of  Registration  in  each  election  district,  except  as  herein  other- 
wise provided,  there  shall  be  a  supplementary  registration  of  such  electors 
as  have  not  been  registered  at  the  preceding  general  registration. 

Register  of  Electors : 

Sec.  7.  On  or  before  the  day  in  each  year  when  the  new  general  registra- 
tion of  electors  is  required  to  be  made  the  City  Clerk  .shall  procure  and  have 
in  readiness  a  book  for  each  and  every  election  district  in  the  city  for  the 
registration  of  electors  therein,  and  it  shall  be  styled  "The  Register  of 
Electors"  for  such  district.  Each  register  shall  be  made  of  good  and  suitable 
paper  and  substantially  bound  and  contain  space  and  ruled  lines  for  at  least 
twelve  hundred  names  and  be  arranged  and  ruled  in  parallel  columns  with 
printed  headings,  in  the  following  order:  Number  (consecutively);  full 
name ;  residence ;  age ;  term  of  residence  in  state  and  ward ;  nativity ;  natur- 
alized; declared  intention  prior  to  May  fourth,  eighteen  hundred  and  ninety- 
two;  date  of  registration;  sworn;  remarks;  and  the  ruling  and  heading  on 
each  page  of  the  register  shall  be  according  to  the  following  diagram 
enlarged : 


CITY   CHARTER— CHAPTER    II. 


13 


UJOAig 


iS'^v' 

IiB 

uoi;u3iui 

pajEpaa 

V,  V  ^  <n 

.Sc«S 

CtS         <L>   O 

Natur 
dared 
becom 
priori 

p^ztIRjnic[sI 

U.ttOUJl    J I 
JO  UMOJ^ 


^                                 UMOUJl  J! 

■>                     aouiAOJd  Ju 
■«                          AJo»uJai 
^                          JO  aiuig 

1                                                                  ! 

Aj^unoQ 

1                                   j 

1  £ 

3  » 

1 

No.    '       Full  Name                Residence 

" 

• 

14  CITY  CHARTER— CHAPTER  II. 

Qualification  for  Registration : 

Sec.  8..  Every  male  person  who  is  or  at  the  next  election  in  the  city  of 
Detroit  will  be  entitled  to  vote  therein,  on  personal  application  in  the  election 
district  where  he  lawfully  resides,  and  complying  with  the  requirements 
herein,  may  be  registered  as  an  elector  therein,  but  not  otherwise.  No  person 
shall  be  registered  as  an  elector  at  any  other  time  or  place  than  those  which 
are  herein  designated  or  otherwise  provided  by  the  laws  of  the  state.  Every 
applicant  who  has  commenced  to  reside' in  such  ward  and  who  has  resided 
therein  a  sufficient  number  of  days  with  those  that  may  intervene  between 
the  date  of  application  and  the  next  election  to  make  twenty  days,  may  be 
entered  in  the  register  if  he  be  actually  a  resident  of  such  district  and  other- 
wise qualified.  But  in  such  case  the  Board  of  Registration  shall  enter  in  the 
column  of  "Remarks"  the  word  "challenge,"  and  unless  on  the  day  of  elec- 
tion he  shall  have  resided  for  full  twenty  days  in  such  ward  and  is  then  a 
resident  of  such  district,  such  applicant  may  not  vote  therein,  although 
otherwise  qualified. 

Examination  of  Applicants : 

Sec.  9.  The  District  Board  of  Registration,  having  openly  and  publicly 
met  at  the  time  and  place  herein  appointed,  shall  proceed  as  follows ;  They 
shall  examine  each  applicant  as  to  all  such  matters  as  are  required  to  be 
entered  in  the  register  of  electors.  The  applicant  shall  make  truthful  answers 
to  all  such  questions.  The  board  may  employ  an  interpreter,  if  they  deem  it 
necessary,  who  shall  be  sworn  truly  and  impartially  to  interpret  all  such 
questions  and  answers,  and  it  shall'  be  the  duty  of  the  board,  on  the  demand 
of  any  of  them  or  of  any  elector  who  shall  be  present,  to  administer  to  all 
persons  who  shall  personally  applj^  to  register  the  following  oath  or  affirma- 
tion :  "You  do  solemnly  swear  (or  affirm)  that  you  will*  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you,  touching  your  place  of 
residence,  name,  place  of  birth,  yoiir  qualifications  as  an  elector  and  your 
right  as  such  to  register  and  vote  under  the  laws  of  this  state."  Either  of 
the  Registrars  of  Election  may  administer  the  oath  to  the  applicant  and  the 
oath  to  the  interpreter,  if  one  be  employed.  If  it  shall  be  determined  by  the 
ijoard  that  he  is  a  qualified  elector  in  such  district,  then  he  shall  be  registered 
in  the  register,  and  the  proper  entries  made  in  the  respective  columns, 
and  if  any  elector  present  so  demands,  the  board  shall  enter  the  word  "chal- 
lenge" in  the  column  for  remarks. 

Form  of  Entries  in  Register: 

Sec.  10.  The  register  shall  be  ruled  and  one  name  shall  be  written  on  each 
line,  but  no  name  shall  be  written  between  lines.  In  entering  the  number  of 
the  applicant,  the  numbers  shall  be  filled  up  consecutively,  leaving  no  blank. 
and  in  entering  the  name  the  board  shall  include  his  given  name  in  full,  as 
well  as  his  surname.  The  names  shall  be  entered  consecutively  and  num- 
bered in  the  order  in  which  the  applicants  apply  to  be  registered.  The  other 
entries  shall  be  as  follows : 

First.  In  the  column  headed  "names,"  the  name  of  the  applicant,  writing 
the  surname  first  and  the  given  name  after. 

Second.  In  the  column  headed  "residence,"  the  name  of  the  street,  avenue 
and  number  of  the  dwelling,  if  there  be  a  definite  number,  and  if  there  shall 
not  be   a   number   or  name,   such   clear  and   definite   description   of   such   place 


CITY  CHARTER— CHAPTER  II. 


15 


and  dwelling  as  shall  enable  it  to  be  readily  ascertained.  If  there  shall  be 
more  than  one  house  at  the  number  given  by  the  applicant  as  his  place  of 
residence,  he  shall  state  in  which  house  he  resides,  and  if  there  be  more  than 
one  family  residing  in  the  house  he  must  state  either  the  floor  on  which  he 
resides  or  the  number  and  location  of  the  room  or  rooms,  occupied  by  him, 
whether  front  or  rear.  Every  floor  below  the  level  of  the  street  or  ground 
shall  be  designated  as  a  basement,  the  first  floor  above  such  level  being 
designated  as  the  first  floor.  _   _  _ 

Third.  In  the  columns  headed  "term  of  residence"  and  their  subdivisions, 
the  periods  by  day,  month  or  year  stated  by  the  applicant  for  which  he  has 
resided  in  the  state  and  ward. 

Fourth.  In  the  columns  headed  "nativity,"  and  their  subdivisions,  first,  the 
country,  second,  the  state  or  province,  or  territory,  and  third,  the  town  or 
city,  when  known,  where  the  applicant  was  born. 

Fifth.  In  the  column  headed  "naturalized"  the  word  "yes"  if  the  appli- 
cant be  a  naturalized  citizen. 

Sixth.  If  the  applicant  be  not  a  native  born  citizen  and  is  not  a  natural- 
ized citizen,  but  has  declared  his  intentions  to  become  a  citizen  two  years 
and  six  months  before  the  eighth  day  of  November,  eighteen  hundred  and 
ninety-four,  in  the  column  headed  "declared  intentions,"  enter  "yes." 

Seventh.  It  shall  not  be  necessary  to  enter  under  the  headings  of  natural- 
ized or  declared  intention,  any  entry  as  to  any  elector  except  only  such  per- 
sons as  have  become  entitled  to  vote  by  reason  of  naturalization,  or  a  declara- 
tion of  intention,  made  two  years  and  six  months  or  more  before  the  eighth 
day  of  November,  eighteen  hundred  and  ninety-four. 

Eighth.  In  the  column  headed  "date  of  registration,"  the  date  on  which 
the  applicant  was  actually  registered,  and  none  other. 

Ninth.  In  the  column  headed  "sworn,"  will  be  entered  the  word  "sworn" 
(or  "affirmed")  if  the  applicant  is  required  to  take  an  oath  of  affirmation. 

Close  of  Register : 

Sec.  11.  At  the  close  of  each  day's  registration,  the  registrations  for  the 
day  shall  then  be  ruled  off  by  double  lines  to  be  drawn  by  the  registrars 
across  the  page  in  ink  and  immediately  under  the  last  name  and  statement 
so  registered;  and  the  registrars  shall  make  a  note  under  such  double  lines, 
stating  "close  of  first,  second  and  so  forth,  day's  registration,"  and  attest 
the  same  by  the  signature  of  any  member  of  the  board. 

Custody  of  Registers : 

Sec.  12.  The  register  of  electors  of  each  election  district  shall  be  placed 
in  charge  of  such  member  of  the  board  at  the  end  of  each  day,  as  the  board 
shall  designate,  and  at  the  close  of  the  session  on  the  last  day  of  registration 
shall  be  deposited  in  the  ofifice  of  the  City  Clerk.  When  not  in  the  official 
use  of  the  registrars  or  other  persons  lawfully  entitled  to  the  use  and  custody 
thereof,  the  registers  of  electors  shall  at  all  times  be  deposited  and  locked  up 
in  the  ofifice  of  the  City  Clerk,  but  subject  to  be  produced  for  inspection  at  all 
proper  times. 

Removal  Certificate : 

Sec.  13.  In  addition  to  the  other  questions,  which  shall  be  put  to  appli- 
cants  desiring  to   be  registered,   the   board    shall   require   such   applicant   to 


16  CITY  CHARTER— CHAPTER  II. 

answer,  under  oath,  as  to  whether  he  has  been  registered  in  any  other  district 
of  the  city,  and  if  it  appears  that  he  has  been  so  registered,  they  shall  decline 
to  enter  his  name  on  the  register  until  he  shall  produce  a  removal  certificate, 
as  herein  provided.  Any  elector  who,  being  duly  registered  in  the  district 
where  he  then  resided,  shall  remove  into  another  district  in  the  same  city, 
may  applv  in  person  to  the  registrars  of  his  previous  district  for  a  removal 
certificate,  and  the  same  shall  be  made  and  signed  by  them,  certifying  his 
registration,  with  all  its  particulars,  as  shown  on  their  registers,  and  adding 
his  statement  of  the  new  residence  and  district  to  which  he  has  removed. 
They  shall  then  immediately  cancel  his  registration  on  their  registers  and 
list  of  electors  by  drawing  double  lines  in  ink  through  the  same  and  noting 
his  removal,  and  the  ward  and  district  to  which  he  has  removed  in  the  column 
of  "remarks,"  but  such  note  must  be  subscribed  in  the  register  by  one  of 
the  registrars.  When  by  mistake  a  qualified  elector  has  caused  himself  to  be 
registered  in  a  district  which  was  not  his  place  of  residence,  the  registrars 
therein,  on  full  and  satisfactory  proof  that  such  error  was  committed  by  mis- 
take, and  without  fraud  or  any  unlawful  intent  may,  on  his  personal  applica- 
tion and  proof  of  his  true  residence,  give  him  a  similar  certificate  as  in  case 
of  removal,  and  cancel  his  registration  in  the  same  manner  on  their  registers 
and  list  of  electors.  The  certificates  in  case  of  removal,  or  mistake  so  granted, 
shall,  if  presented  in  due  time  to  the  registrars  of  the  district  where  such 
person  so  certified  lawfully  resides,  and  proper  proof  thereof  made  to  them, 
entitle  such  persons  to  be  registered  therein  as  herein  provided.  But  in  all 
cases  where  registration  is  madte  upon  certificates  from  the  Board  of  Registra- 
tion of  other  districts,  such  certificates  shall  be  retained  by  the  board  to 
whom  it  is  presented  and  returned  by  them  to  the  office  of  the  City  Clerk. 
Such  certificate,  in  order  to  be  of  any  validity,  shall  be  signed  by  at  least 
one  of  the  registrars  of  the  district  in  which  the  registration  is  first  made. 
No  person  shall  be  registered  upon  production  of  any  such  removal  certificate 
unless  and  until  he  shall  have  satisfied  the  Board  of  Registration,  to  whom 
he  shall  have  presented  such  certificate,  that  he  is  a  qualified  elector  and 
entitled  to  be  registered  in  such  district,  and  such  removal  certificate  shall 
not  be  deemed  evidence  of  his  qualification  as  an  elector  in  such  district. 
In  cases  of  special  elections  held  in  any  ward  or  wards,  and  not  in  the  city 
generally,  removal  certificates  shall  be  made  and  issued  by  the  City  Clerk, 
and  he  shall  perform  the  duties  in  such  case  provided  to  be  done  by  the  reg- 
istrars of  the  district  from  which  the  applicant  shall  have  removed. 

Lists  of  Registered  Electors : 

Sec.  14.  At  the  close  of  the  general  registration  on  the  last  day  of  the 
sessions  of  the  Board  of  Registration  of  each  election  district,  the  board  shall 
make  out  in  books  to  be  prepared,  furnished  to  them  by  the  City  Clerk,  a  list 
of  all  the  registered  electors  in  their  district,  whether  registered  by  them  or 
by  any  preceding  board,  as  herein  provided,  arranged  alphabetically  in  the 
order  of  their  surnames,  followed  by  their  full  given  names,  residences,  and 
ages,  as  registered,  and  the  registered  number  of  each  prefixed,  and  any 
entries  in  the  column  of  remarks  set  opposite  any  names.  The  books  to  be 
prepared  for  this  purpose  shall  be  ruled  in  column's  with  printed  headings,  as 

follows,  viz  :    Registry  number name   '. . . 

residence age voted ;   sworn 

voted sworn remarks 

These  lists  shall  be  carefully  compared  by  the  registrars  of  each  district  with 


CITY   CHARTER— CHAPTER    II.  ^^ 

the  registers  thereof,  and  they  shall  attach  thereto  a  certificate  as  follows : 
'we    the  undersigr^ed.  members  of  the  District   Board  of  Registration   o 

Electors   in  district ward  of  the  Cty  of 

Detroit/do  certify  that  the  foregoing  list  is  a  true  and  correct  copy  ot  the 
names/ages,  residences,  and  registry  numbers,  and  of  any  entr>-  m  the 
colum;  o1  'remarks'  opposite  such  names  on  the  registers  o  said  district  of 
al    persons  who  have  been  registered  as  residents  and  qualified  electors  m 

said  district      Dated  this day  of ,  in  t'^e  y^^' 

nttein  hundred  and  "  which  certificate  shall  then  be  signed 

by  all  the  members  of  the  board  and  such  list  shall  be  de  ivered,  togethei 
with  the  register  of  electors  of  the  district,  to  the  City  Clerk  for  use  by  the 
Hoard  of  Inspectors  at  any  election  requiring  the  same  until  a  new  list  be 
made  at  the  next  general  registration.  The  list  herein  described  and  pro- 
vided shall  be  known  and  marked  as  the  "Election  List  of  Electors  for  the 
district, ward  (naming  the  district  and  ward). 

Completion  of  Lists :  ,     ,       < 

Sec  15  At  the  registration  in  the  fall  of  the  year  nineteen  hundred  and 
fourteen  and  every  fourth  year  thereafter,  and  at  the  registration  made  m  the 
spring  of  the  year  and  at  any  registration  preceding  a  special  election,  the 
Board  of  Registrars  shall  review  and  complete  the  list  of  registered  electors 
by  adding  thereto  the  names  of  any  qualified  electors  registered  by  them, 
the  names  to  be  entered  in  the  same  manner,  and  a  like  certificate  to  be 
annexed  thereto  as  is  required  as  herein  provided  to  be  made  by  the  regis- 
trars at  the  general  registration. 

Supplementary  Registrations : 

Sec    16      At  any  suplementary  registration,  the  Board  of  Registration  in 
each    election    district   shall    review   and   complete   the    list    of   the    qualified 
electors  therein.  Such  registration  shall  be  made  in  the  "Register  of  Electors 
for  such  district  and  shall  be  made  in  the  manner  provided  herein  tor  a  gen- 
eral registration  of  electors.     And  all  the  provisions  of   law   in  relation   to 
receiving  applicants  for  registration,  and  for  the  registration  of  such  appli- 
cants  shall  be  held  applicable  to  and  govern  the  supplementary  registration. 
On  reviewing  the  list  of  electors  appearing  upon  such  register,  if  it  shall  be 
known  to  the  board  that  any  person  whose  name  appears  therein  is  dead 
or  has  removed  from  the  city,  they  shall  enter  the  word  "dead"  or^^  removed 
from  the  city"  opposite  such  name  in  the  column  headed  "remarks,    and  they 
shall  further  draw  a  line  in  red  ink  through  such  name.     They  shall  also 
opposite  such  entry  in  the  column  of  "Remarks,"  enter  the  date  of  entry  and 
the  name  of  the  registrar  making  it,  so  as  to  show  when  and  by  whom  made, 
and  thereafter  such  name  shall  be  considered  erased  and  treated  as  no  longer 
in  the  register. 

Correction  of  Erroneous  Entries : 

Sec  17  If  it  shall  happen  that  an  entry  of  death  or  removal  from  the 
city  shall  have  been  erroneously  made  at  a  supplementary  registration  and 
such  person  shall  thereafter  appear  and  claim  the  right  to  be  again  registered, 
he  may  be  registered  by  the  Board  of  Registration,  in  the  same  manner  as 
though  his  name  had  never  been  erased,  or  if  he  shall  appear  at  an  election 
and  claim  the  right  to  vote  thereat,  his  name  may,  on  his  application,  be  again 


18  CITY  CHARTER— CHAPTER  II. 

registered  upon  the  following  terms :  he  shall  upon  his  examination  on  his 
oath  or  affirmation,  which  any  member  of  the  Board  of  Inspectors  may  admin- 
ister, declare  that  he  is  the  identical  person  whose  name  was  so  registered 
and  erased  and  that  he  is  a  qualified  voter  ^nd  entitled  to  vote.  Upon  making 
such  oath  or  affirmation,  the  Board  of  Inspectors  being  satisfied  that  he  is 
a  duly  qualified  elector,  his  name  may  be  registered  in  the  manner  herein 
described,  by  a  member  of  the  Board  of  Inspectors,  and  by  its  order  the 
proper  entries  be  entered  in  the  proper  register,  under  the  appropriate  head- 
ing and  the  name  and  residence  of  such  person  entered  in  the  list  made 
by  the  Board  of  Registration  for  the  use  of  the  Board  of  Inspectors  as  herein 
l^rovided.  In  the  column  of  "remarks"  in  the  register  of  electors  there  shall  be 
entered  opposite  such  name  the  words  "Registered  by  Inspectors,"  followed 
by  the  signature  of  one  of  the  Board  of  Inspectors.  If  such  applicant  shall 
affirm  or  swear  falsely  he  shall  be  liable  to  the  pains  and  penalties  of  perjury, 
and  if  an  entry  shall  be  made  falsely  and  maliciously  and  without  credible 
information,  indicating  in  the  register  that  any  person  is  dead  or  has  removed 
from  the  city,  the  member  of  the  board  making  it,  and  any  other  member 
of  the  board  consenting  thereto,  shall  be  deemed  guilty  of  a  misdemeanor, 
be  punished  as  such,  and  be  forever  disqualified  from  acting  thereafter  as  a 
registrar,  inspector  or  clerk  in  any  registration  or  election.  The  party 
aggrieved  shall  be  entitled  to  recover  from  him  or  them,  in  an  action  on  the 
case,  treble  damages  for  the  injury,  and  treble  costs  of  suit,  in  any  court 
having  jurisdiction  of  the  case,  and  the  record  of  the  defendant's  conviction 
of  the  criminal  offense,  duly  authenticated,  shall  be  prima  facie  evidence  of 
his  liability. 

Entries  Made  in  Ink: 

Sec.  18.  All  entries  in  the  registers  of  electors  and  in  the  election  lists  of 
electors  shall  be  made  in  ink,  and  no  registrar  shall  write  or  make  any  entry 
therein,  or  allow  any  other  person  to  do  so,  except  the  same  be  permitted  by 
law,  and  no  other  person  shall  make  entries  or  mark  whatever  therein,  except 
Inspectors  of  Election,  as  provided  herein,  or  as  may  be  provided  by  the 
statutes  of  the  United  States. 

Special  Registration : 

Sec.  19.  In  case  the  register  of  electors  for"  any  district  shall  be  lost  or 
destroyed,  or  so  mutilated  that  the  same  cannot  be  used,  the  Common  Council 
may  direct  the  Board  of  Registration  of  such  district  to  make  a  new  general 
registration  of  the  electors  therein  at  their  session  held  as  provided  herein, 
prior  to  any  election.  Any  such  new  registration  shall  be  made  in  the  manner 
provided  herein  for  a  general  registration  of  electors,  and  an  election  list 
of  electors  shall  be  made  by  the  registrars,  in  like  manner  as  they  are  directed 
to  be  made  in  the  case  of  a  general  registration. 

Public  Inspection  of  Registers  and  Lists : 

Sec.  20.  The  registers  of  electors  and  the  election  lists  of  electors  in  the 
office  of  the  City  Clerk  shall  at  all  times  be  open  to  public  inspection  without 
charge.  On  the  demand  of  any  qualified  elector  of  the  city,  the  City  Clerk 
shall,  on  payment  or  tender  of  his  legal  fees,  make  out,  certify,  and  at  his 
office  deliver  to  such  elector  a  true  copy  of  the  contents  of  any  register  of 
electors  of  any  district  of  the  city,  for  which  he  shall  be  entitled  to  receive 
compensation  at  the  rate  of  twenty-five  cents  for  everv  one  hundred  names. 


CITY  CHARTER— CHAPTER  II.  19 

Stationery,  Supplies,  Etc. : 

Sec.  21.  At  the  opening  of  the  sessions  of  the  board  for  any  registration, 
there  shall  be  delivered  to  the  Board  of  Registration  in  each  district  the  reg- 
ister of  electors  and  the  election  list  of  electors  for  such  district,  by  the 
officers  having  custody  thereof,  and  the  City  Clerk  shall  procure  and  furnish 
all  the  necessary  blanks,  and  he  shall  also  keep  on  hand  in  his  office  blank 
affidaxits  and  certificates  required  or  provided  herein  to  be  made.  He  shall 
also  procure  and  furnish  all  necessary  books,  stationery,  blanks,  seals,  pen- 
cils or  stamps  required  herein  for  the  use  of  Inspectors  of  Election  or  electors 
in  preparing  their  ballots.  All  books,  blanks,  printing,  stationery,  and  so 
forth,  required  herein  to  be  furnished  by  the  City  Clerk,  shall  be  procured 
by  him  at  the  exj^ense  of  the  city,  and  the  bills  and  claims  therefor  shall  be 
audited  and  allowed  by  the  Common  Council. 

Public  Notice  of  Registration : 

Sec.  22.  At  least  seven  days  previous  to  the  commencement  of  any  ses- 
sion of  the  District  Board  of  Registration,  the  City  Clerk,  at  the  expense  of  the 
city,  shall  cause  a  notice  thereof  to  be  printed  and  published  in  such  daily 
newspapers  as  may  be  deemed  necessary,  which  notice  shall  be  published  not 
more  than  three  times  in  each  newspaper. 

Registration  of  Women : 

Sec.  23.  Any  woman  having  the  qualifications  of  male  electors,  shall  be 
registered  on  personal  application  to  the  Board  of  Registration  in  the  election 
district  in  which  she  resides,  and  on  all  occasions  prescribed  for  male  electors. 
Such  -registration  shall  be  in  a  separate  register  of  the  form  herein  prescribed, 
with  an  additional  column  headed  "taxpayer,"  in  which  the  word  "Yes"  shall 
be  entered  if  she  be  a  ta.xpayer,  and  all  provisions  of  the  charter  so  far  as 
they  may  be  relevant,  shall  apply  to  and  govern  such  registration.  The 
names  of  women  who  may  be  registered  shall  be  entered  on  a  separate  elec- 
tion list  of  female  electors. 

Last  Day  of  Registration : 

Sec.  24.  On  the  secular  day  next  preceding  each  regular  election,  the 
registrars  at  each  and  every  election  district  shall  meet  at  two  o'clock  in  the 
afternoon  (central  standard  time)  at  the  polling  place  appointed  for  holding 
elections  therein,  and  therein  remain  in  session  until  nine  o'clock  in  the 
evening  (central  standard  time).  Such  meetings  shall  be  held  for  the  pur- 
pose of  receiving  and  acting  upon  any  application  for  either  granting  or 
receiving  certificates  of  removal,  and  for  the  purpose  of  correcting  an)'  mis- 
takes as  herein  provided,  and  for  the  purpose  of  registering  qualified  electors 
who  may  have  been  absent  from  the  city  or  sick  on  the  days  appointed  for 
registration  as  herein  provided.  No  new  names  shall  be  placed  on  the  regis- 
ter at  such  meeting,  except  upon  certificates  of  removal  from  some  other 
districts,  or  of  electors  who  may  have  been  sick  or  absent,  as  herein  provided. 
If  any  material  error  or  mistake  in  the  description  of  any  elector  in  any 
district  has  been  discovered,  he  may  appear  at  the  meeting  and  on  good  cause 
being  shown  the  registrars  may  then  correct  the  same ;  but  any  change  in 
the  register  which  shall  be  allowed  by  the  registrars  at  such  meeting  "shall 
be  immediately  noted  by  them  in  the  register  and  also  in  the  election  list. 
If  not  then  therein  so  noted  it  shall  be  whollv  null,  and  disregarded  bv  the 


20  CITY  CHARTER— CHAPTER  II. 

Inspectors  of  Election.  At  sucii  meeting  the  board  may  register  any  quali- 
fied elector  of  the  district  upon  the  personal  application  of  such  person,  whom 
they  may  require  to  state  in  writing  that  he  was  absent  from  the  city  on  all 
days  appointed  or  allowed  for  the  registration  of  electors  immediately  pre- 
ceding the  election,  specifying  the  same  and  the  business  in  which  he  was 
engaged,  or  that  he  was  sick,  and  by  reason  thereof  was  unable  to  attend  the 
sessions  of  the  Board  of  Registration  of  the  district  aforesaid,  for  the  regis- 
tration of  electors,  which  statement  shall  be  subscribed  and  sworn  to  by  the 
applicant  before  one  of  the  registrars,  each  of  whom  shall  have  authority 
to  administer  such  oaths.  The  registrar  shall  require  the  applicant  to  answer 
under  oath  all  proper  questions  which  it  shall  be  necessary  to  put,  touching 
his  residence  and  other  qualifications  as  an  elector  of  the  district  in  which 
he  asks  to  be  registered,  and  such  other  matters  as  are  required  to  be  entered 
in  the  register.  If  satisfied  that  the  applicant  is  a  resident  of  the  district,  and 
that  he  is  qualified  to  vote  therein,  but  not  otherwise,  the  registrars  shall 
enter  the  applicant  as  registered  in  the  register  and  in  the  election  list  of 
electors.  The  registrars  may  at  such  meeting  register  upon  certificates  of 
removal  any  elector  then  resident  of  the  district,  in  the  same  manner  as 
herein  provided  for  registration  of  like  applicants  on  the  days  appointed  for 
holding  of  the  other  sessions  of  the  board.  At  such  meeting  held  under 
the  provisions  of  this  section,  any  elector  may  appear  and  challenge  the  vote 
of  any  person  named  in  the  register  of  the  district,  and  the  word  "challenge" 
shall  be  immediately  entered  by  the  registrars  opposite  the  name  of  such 
person  in  the  list  of  electors. 

Police  Powers  of  Registrars : 

Sec.  25.  All  registrars,  while  exercising  their  office  hereunder,  or  under 
any  other  law  regulating  registrations,  shall  have  and  exercise  all  such 
powers  for  the  proper  registration  of  electors  as  may  be  necessary  and  are 
like  to  the  powers  possessed  and  exercised  by  Inspectors  of  Election  in  the 
exercise  of  their  office,  as  herein  provided. 


CITY  CHARTER— CHAPTER  III.  21 


CHAPTER  III. 

ELECTIONS 

General  City  Election: 

Sec.  1.  The  City  of  Detroit  shall  hold  a  general  election  on  the  tirst  Mon- 
day in  April  in  the  year  nineteen  hundred  and  fifteen  and  every  fourth  year 
thereafter,  an  intermediate  city  election  on  the  first  Monday  in  April  in  the 
year  nineteen  hundred  and  seventeen  and  every  fourth  year  thereafter,  such 
special  city  elections  as  may  be  called  in  accordance  with  the  provisions  of 
this  charter,  and  such  other  regular  and  special  elections  as  may  be  required 
by  the  general  laws  of  the  State. 

Qualified  Electors: 

Sec.  2.  ■  No  person  shall  be  considered  a  qualified  elector  of  the  city  of 
Detroit  or  be  permitted  to  vote  unless  he  shall  be  a  resident  of  the  district 
and  he  shall  have  resided  in  this  state  six  months  next  preceding  the  election, 
and  in  the  ward  twenty  days  next  preceding  the  election,  and  shall  possess 
the  other  qualifications  specified  in  the  constitution  of  this  state.  In  deter- 
mining the  residence  of  a  person  oflfering  to  vote  or  to  register,  registrars 
and  inspectors  shall  be  governed  by  the  general  laws  of  the  state,  which  shall 
be  compiled  by  the  Election  Commission  for  their  use.  No  person  shall  be 
deemed  or  held  to  have  acquired  a  legal  residence  in  any  ward  or  election 
district  for  the  purpose  of  voting  therein  at  any  election  therein,  unless  he 
shall  have  caused  himself  to  be  registered  as  an  elector  in  that  district,  in 
the  manner  and  at  the  time  herein  prescribed ;  nor  shall  any  ballot  be  received 
by  the  inspectors  at  any  election  on  any  pretense  whatever,  unless  the  name 
of  the  person  offering  such  ballot  shall  have  been  entered  in  the  register  of 
the  district  in  which  he  claims  to  vote  as  herein  provided. 

Board  of  Inspectors : 

Sec.  3.  The  three  Inspectors  of  Election  and  the  three  Registrars  of  Elec- 
tion in  each  election  district  shall  constitute  the  Board  of  Inspectors  of  Elec- 
tion therein.  The  Board  of  Inspectors  shall  appoint  two  clerks  of  election 
and  a  gatekeper  who  shall  take  the  same  oath  as  the  inspectors,  which  oath 
either  of  the  inspectors  may  administer.  The  chairman  of  the  Board  of  Reg- 
istration in  any  election  district  shall  be  the  chairman  of  the  Board  of  Inspec- 
tor=  of  Election  of  that  district. 

Organization  of  Board  of  Inspectors: 

Sec.  4.  On  the  secular  day  next  preceding  any  regular  or  special  election, 
the  three  Registrars  of  Election  and  the  three  Inspectors  of  Election  for  each 
district  shall  meet  at  the  election  booth  therein,  punctually  at  eight  o'clock 
in  the  evening  (central  standard  time),  and  then  and  there  organize  as  a 
Board  of  Inspectors  of  Election,  and  they  and  their  successors  in  office  shall 
constitute  the  Board  of  Inspectors  for  such  district.  They  shall  at  this  meet- 
ing make  all  necessary  arrangements  for  the  proper  accommodation  of  them- 


22  CITY  CHARTER— CHAPTER  III. 

selves  and  the  clerks  of  election  in  receiving  and  calling  ballots  at  the  ensuing 
election,  and  for  the  witnesses  and  challengers  designated  as  provided  by  the 
general  laws  of  the  state,  and  at  such  meeting  they  shall  appoint  such  clerks 
of  election  for  the  ensuing  election  as  may  be  allowed. 

Election  Commission: 

Sec.  5.  The  City  Clerk,  the  City  Treasurer  and  the  Corporation  Counsel 
shall  constitute  a  board  to  be  known  as  the  City  Election  Commission.  Any 
two  members  shall  constitute  a  quorum.  They  shall  choose  their  own  chair- 
man and  secretary,  and  shall  severally  receive  such  compensation "  for  their 
services  at  each  election  as  the  Common  Council  may  determine. 

School  of  Instruction : 

Sec.  6.  The  Election  Commission  shall,  as  often  as  it  may  deem  necessary, 
conduct  a  school  of  instruction  of  registrars  and  inspectors.  The  purpose  of 
such  school  shall  be  to  assist  the  registrars  and  inspectors  in  becoming 
more  proficient  in  their  duties.  The  registrars  and  inspectors  who  attend 
such  school  of  instruction  shall  receive  at  least  two  dollars  each  for  actual 
attendance  at  the  school  for  such  time  as  the  election  commission  may  deem 
necessary. 

Notice  of  Election : 

Sec.  7.  At  least  seven  days  before  any  election  the  City  Clerk  shall  give 
notice  thereof  in  such  daily  newspapers  in  the  city  as  may  be  deemed  neces- 
sary. This  notice  shall  be  published  not  more  than  three  times  in  any  one 
newspaper,  and  shall  specify  the  officers  to  be  chosen,  the  day  on  which  the 
election  is  to  be  held,  the  time  for  opening  and  closing  the  polls  and  all  other 
matters  to  be  voted  on  at  such  election. 

Nomination  by  Petition: 

Sec.  8.  Nomination  for  each  and  every  city,  ward  or  election  district 
elective  office  shall  be  by  petition.  The  petition  of  nomination  shall  contain 
not  less  than  five  hundred  individual  signatures  for  the  office  of  Mayor,  two 
hundred  for  each  other  candidate  at  large,  one  hundred  for  each  ward  can- 
didate and  the  signature  of  the  candidate  for  each  election  district  office.  The 
City  Clerk,  upon  application,  shall  furnish  a  reasonable  number  of  forms  of 
such  petitions.  All  petitions  shall  be  of  uniform  size  as  determined  by  the 
City  Clerk.  Each  petition  must  contain  the  name  of  one  candidate  and  no 
more.  In  case  an  elector  has  signed  two  or  more  conflicting  petitions,  all  such 
conflicting  signatures  shall  be  rejected. 

Form  of  Petition : 

Sec.  9.  Any  petition  of  nomination,  except  the  petition  of  a  district  can- 
didate, may  be  on  several  sheets,  all  of  which  shall  read  substantially  as 
follows : 


CITY  CHARTER— CHAPTER  III.  23 

NOMINATION    PETITION. 
State  of  JNIichigan, 

County  of  Wayne, 
City  of  Detroit,  ss. 

I  do  hereby  join  in  a  petition  for  the  nomination  of , 

whose  residence  is  at  No Street,  Detroit,  for  the  office 

of ,  to  be  voted  for  at  the  municipal  election  to  be  held 

in  the  City  of  Detroit,  on  the day  of 19 ;  and  I  certify 

that  I  am  a  qualified  elector,  and  am  not  at  this  time  a  signer  of  any  other 
petition  nominating  any  other  candidate  for  the  above  named  office ;  I  further 
certify  that  I  join  in  this  petition  for  the  nomination  of  the  above  named  person, 
believing  that  he  has  not  become  a  candidate  as  the  nominee  or  representative 
of,  or  because  of  any  promised  support  from,  any  political  party,  or  any  com- 
mittee or  convention  representing  or  acting  for  any  political  party. 
Name Street  and  No Ward 

State  of  Michigan, 
County  of  Wayne, 
City  of  Detroit,  ss. 

being  first  duly  sworn,  deposes  and  says 

that   the   signatures    hereto   attached   are   of   qualified   electors   of   the   City    of 
Detroit  and  of  the  ward  named,  to  the  best  of  affiant's  knowledge  and  belief. 

(Signed)     

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 

My  commission  expires 


Notary  Public. 

Above  affidavit  to  be  printed  and  executed  on  the  back  of  each  sheet. 

The  petition  of  nomination,  of  which  this  sheet  forms  a  part  shall,  if  found 

insufficient,  be   returned   to at   No 

Street,  Detroit. 

The  petition  of  nomination  of  any  district  candidate  shall  read  substantially 
as  follows : 

PETITION   OF   NOMINATION. 
State  of  Michigan, 

County  of  Wayne, 
City  of  Detroit,  ss. 

Please  take  notice  that  I, ,  residing  at  No. 

Street,  in  the  City  of  Detroit,  County  of  Wayne,  and  State 

of  Michigan,  am  a  candidate  for  the  office  of in  the 

district  of  the ward  of  the  City  of  Detroit,  and  as  such  file  this 

petition  and  hereby  request  that  my  name  be  placed  on  the  city  ballot  at  the 
election  to  be  held  on  the day  of ,  19 

Filed 19 


City  Clerk. 

Date  of  Presenting  Petition : 

Sec.  10.  The  petition  of  nomination  for  any  candidate  shall  be  presented  to 
the  City  Clerk  not  earlier  than  sixty  nor  later  than  thirty  days  before  the  elec- 
tion. The  City  Clerk  sfitll  endorse  thereon  the  date  upon  which  the  petition 
was  presented  to  him,  aMd  by  whom  presented. 


24  CITY  CHARTER— CHAPTER  Ml. 

Filing  of  Petitions: 

Sec.  11.  If  the  petition  of  nomination  be  found  sufificiently  signed,  the  City- 
Clerk  shall  notify  the  candidate  named  therein  and,  on  receipt  of  the  fee  pre- 
scribed, shall  file  the  same  forthwith.  Thereupon  the  candidate  shall  be  deemed 
nominated.  Each  candidate  shall  deposit  with  the  City  Clerk  a  fee  or  sum  of 
mone}-  which  shall  be  returned  to  such  candidate  if  he  receives  a  vote  in  excess 
of  five  per  centum  of  all  votes  cast  for  the  office  which  he  contests,  and  not 
otherwise.  The  fee  deposited  by  each  city  candidate  shall  be  fifty  dollars,,  that 
by  each  ward  candidate  ten  dollars ;  but  no  fee  shall  be  required  of  district 
candidates. 

Withdrawal  or  Acceptance : 

Sec.  12.  Any  person  whose  name  has  been  presented  as  a  candidate,  may,  not 
later  than  fifteen  days  before  the  election,  cause  his  name  to  be  withdrawn  from 
nomination  by  filing  with  the  City  Clerk  a  request  therefor  in  writing,  over  his 
own  signature,  duly  attested  by  a  Notary  Public,  in  which  case  the  fee  deposited 
by  him  shall  be  returned  to  him.  and  no  name  so  withdrawn  shall  be  printed 
upon  the  ballot.  Any  person  nominated  hereunder  shall  file  his  acceptance  with 
the  City  Clerk,  not  later  than  twenty  days  before  the  day  of  election,  and  in  the 
absence  of  such  acceptance,  the  name  of  the  candidate  shall  not  appear  on  the 
ballot :  but  this  provision  shall  not  apply  to  district  candidates.  In  case  of  the 
known  death  of  a  candidate  before  the  printing  of  the  ballots,  the  name  shall  not 
be  printed. 

Form  of  Acceptance : 

Sec.  13.  The  acceptance  herein  required  shall  be  substantially  in  the  follow- 
ing form : 

St.\te  of  Michigan, 

County  OF  Wayne, 
City  of  Detroit,  ss. 

I ,  having  heretofore  been  nominated  for  the 

office  of   in  this  city,  do  hereby  accept  the  nomination. 

and  I  have  not  become,  and  am  not  a  candidate  as  the  nominee  or  representative 
of,  or  because  of  any  promised  support  from  any  political  party,  or  any  committee 
or  convention  or  organization  representing  or  acting  for  any  political  party. 

(Signed)    

Subscribed  and  sworn  to  before  me  this day  of A.  D.  19.  ., 

My  commission  expires 


Notary  Public. 
Preservation  of  Petitions,  Etc.: 

Sec.  14.  The  City  Clerk  shall  preserve  in  his  office,  for  a  period  of  four  years, 
all  petitions  of  nominations,  and  all  certificates,  acceptances,  and  rejections  belong- 
ing thereto  filed  hereunder. 

Certified  List  of  Candidates: 

Sec.  15.  The  City  Clerk  shall  on  the  tenth  day  before  every  city  election, 
certify  a  list  of  the  candidates  so  nominated  for  office  at -such  election,  whose 
names  are  entitled  to  appear  on  the  ballot,  as  being  th^  list  of  candidates  nom- 
inated as  required  by  this  charter,  together  with  the  offices  to  be  filled  at  such 


CITY  CHARTER— CHAPTER  III.  25 

election,  designating  whether  such  election  is  for  a  full  or  unexpired  term :  and 
he  shall  file  in  his  office  the  certified  list  of  names  and  the  offices  so  to  be  filled. 

Form  of  Ballot: 

Sec.  16.  The  City  Clerk  shall  cause  ballots  for  each  city  election  to  be  printed 
in  form  as  herein  prescribed.  Each  ballot  shall  contain  the  full  list  and  names 
of  all  respective  offices  to  be  filled,  and  the  names  of  the  candidates  nominated 
therefor.  All  names  of  candidates  for  the  same  office  shall  be  set  one  below 
another  at  three-eights  of  an  inch  apart  and  the  columns  for  first,  second  and 
other  choices  shall  be  three-eights  of  an  inch  wide.  Whenever  there  shall  be  four 
or  more  candidates  for  any  office,  the  ballot  shall  contain  under  that  office  divi- 
sion at  the  right  of  the  names  of  the  candidates  three  columns  for  first  choice, 
second  choice  and  other  choice  votes  respectively.  Whenever  there  shall  be  three 
and  not  more  candidates  for  any  office,  the  ballot  shall  contain  under  that  office 
division  only  the  first  choice  and  the  second  choice  columns  at  the  right  of  the 
names  of  the  candidates.  Whenever  there  shall  be  less  than  three  candidates 
for  any  office,  all  distinguishing  columns  as  to  choice  and  all  reference  to  choice 
may  be  omitted.  In  the  case  of  district  candidates,  all  distinguishing  columns  as 
to  choice  and  reference  to  choice  shall  be  omitted;  but  one  column  shall  be  pro- 
vided at  the  right  of  the  names  of  the  candidates  for  the  recording  of  the  elector's 
vote.  One  space  shall  be  left  below  the  printed  names  of  the  candidates 
for  each  office  to  be  voted  for,  in  which  the  elector  may  write  the  name  of  any 
person  for  whom  he  may  wish  to  vote.  The  ballot  shall  be  the  non-partisan 
ballot,  substantially  in  fonn,  with  the  cross  (X)  omitted. 

(See  attached  copy-cif  ballot.) 

Requirements  of  Ballots : 

Sec.  17.  All  ballots  printed  shall  be  identical,  so  that  without  the  serial  num- 
bers thereon  it  would  be  impossible  to  distinguish  one  ballot  from  another  except 
as  herein  otherwise  provided.  In  printing  each  set  of  tickets  for  the  several  elec- 
tion districts,  the  position  of  the  names  shall  be  changed  in  each  office  division, 
as  many  times  as  there  are  candidates  in  the  office  division  in  which  there  are 
the  most  names.  As  nearly  as  possible  an  equal  number  of  tickets  shall  be 
printed  after  each  change.  In  making  the  changes  of  position,  the  printers  shall 
take  the  line  of  type  at  the  head  of  each  office  division  and  place  it  at  the  bottom 
of  the  division,  and  shove  up  the  column  so  that  the  name  that  before  was  second 
shall  be  first  after  the  change.  Nothing  on  the  ballot  shall  be  indicative  of  the 
source  of  the  candidacy,  or  of  the  support  of  any  candidates.  No  ballot  shall 
have  printed  thereon  any  party  or  political  designation  or  mark,  and  there  shall 
not  be  appended  to  the  name  of  any  candidate  any  such  party  or  political  designa- 
tion or  mark,  or  anything  indicating  his  views  or  opinions.  When  any  charter 
amendment  or  other  question  is  to  be  submitted  to  the  electors  in  the  city  as  herein 
provided  or  as  provided  by  state  law,  it  shall  be  printed  upon  the  ballot  imme- 
diately following  the  names  of  candidates  for  office  except  as  otherwise  provided 
by  law.  The  proposition  shall  be  stated  and  followed  by  the  word  "Yes"  oppo- 
site which  shall  be  placed  a  square,  and  then  repeated,  followed  by  the  word  "No" 
and  a  similar  square.  Any  elector  desiring  to  vote  affirmatively  or  negatively 
may  put  a  cross  in  one  of  the  squares,  and  the  ballot  shall  be  counted  affirmatively 


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OFFICIAL    BALLOT 

General  (or  Special)  Municipal  Election 
CITY   OF  DETROIT 


WARD,-^ 


-ELECTION  DISTRICT 


(H«M  follow*  tbo  date  ol  the  eleedoa) 


h 


CITY    TICKET 


Vote  your  secoai  choice  in  Che  second  square 
the  nun  you  select  as  your  second  choice. 

You  con  vole  only  one  first  choice  and  only  one  second  chi 
one  office. 

Vote  (or  other  candidnles  for  ihe  samu  office  by  marliinc  jn  X 
tfairdaquaie  at  Che  right  of  the  tnan's  name. 


Che  right  of  the  DAOie  of 
for  any 


Remcmbet'that  you  cannot  voce  more  than  QOce  for  the  same  mui,  aa 
only  one  choice  will  count  for  any  one  candidate. 

£  for  all  the  candidates  for  any  office.    Vou  cm  vote  for  all  of 


them  but  one. 

You  can  write  in  (he  nai 
on  the  ballot,  and  the  name  si 

If  you  HTongly  mark,  I 


fur  the  r. 
the  proper  pla 


hat  if  your  b.iUol  has  any  murks 


of  nay  candidate  whost  name  is  ooC  printed 
xiCCcn  in  will  be  oounicd  as  your  first  choice, 
deface  Chis  ballot,  return  it  and  gel  another, 


wOl 


MAYOR 

(One  to  be  elected) 

Chok* 

Second 
CboU* 

Otbti 
Ctaolcii 

John  Doe 

D 

D 

E 

James  Dee 

S 

D 

D 

Louis  Sha 

D 

S 

D 

Joe  Jones 

D 

D 

S 

Richard  Roe 

D 

D 

D 

D 

D 

D 

CITY  CLERK 

(One  to  be  elected) 

CllOiCB 

SMond 
CholM 

Olh»f 
Choice* 

George  Brown 

IHl 

D 

D 

Harry  Jones 

'D 

E 

D 

Fred  Smith 

D 

D 

D 

Charles  E.  Taylor 

a 

D 

S 

n 

D 

D 

CITY  TREASURER 

(One  to  be  elected) 

Plni 

Stcand 

Cbolcc 

cZ". 

Thomas  Bailey 

D 

D 

0 

Philip  Browoell 

D 

0 

D 

Alfred  Simonson 

D 

D 

D 

Eric  Ericson 

m 

D 

D 

n 

D 

n 

Justice  of  the  Peace 

(Two  to  be  elected) 

FlPrt 
Cbolts 

SMoad 
CbolM 

Olbor 

ChOlCOl 

Borden  Masters 

D 

D 

s 

Pierre  Lonyo 

D 

D 

s 

Arthur  Holwell 

[U 

D 

D 

Daniel  O'Hara 

D 

D 

0 

Hugo  Darnell 

D 

D 

S 

Michael  Cassidy 

D 

lEl 

D 

Hermann  Schmidt 

D 

D 

S 

Henry  Cosmus 

n 

D, 

D 

n 

D 

D 

POLICE  JUSTICE 

(One  to  be  elected) 

Cholu 

SKoad 

Cholc* 

other 

Choloe. 

Harvey  Thomas 

D 

D 

m 

Moses  Angel 

D 

D 

o 

Dabney  Jones 

0 

D 

n 

Amos  Stone 

D 

D 

s 

Herbert  Walker 

D 

D 

a 

WiUiam  Johnson 

D 

E 

Howard  Smith 

D 

D 

s 

n 

D 

n 

RECORDER 

(One  to  be  elected) 

Pir.t 
Choice 

Second 
Choice 

oth« 

Choice. 

Roscoe  Dean 

D 

s 

n 

Patrick  O'Flynn 

D 

n 

n 

James  Cudworth 

S 

D 

D 

Jay  Blaine 

D 

D 

s 

D 

D 

D 

Judge  oC  liie  Recorder' 
Court 

(One  [0  be  elected) 

Firtl 
Choic. 

S«ODd 

Cholc  0 

other 

Cholcee 

Samuel  Johnson 

D 

D 

D 

D 

John  Smith 

S 

D 

Moses  Cambden 

D 

S 

D 

Vance  Ingalls 

D 

D 

S 

D 

D 

D 

ALDERMAN 

(One  to  be  elected) 

F.r.1 
Choke 

Cholco 

Chokee 

Joe  Jay 

s 

D 

n 

Robert  White 

D 

D 

n 

Harry  Donavin 

D 

S 

D 

John  Moore 

D 

D 

B 

D' 

D 

D 

CONSTABLE 
(One  to  be  elected) 

Choke 

Seojrid 

ChglHi 

Amory  Train 

D 

D 

s 

Walter  Bradford 

\E\ 

D 

n 

Noah  Webster 

D 

n 

n 

Charles  Dunston 

D 

s 

n 

D 

n 

D 

School  Inspector 

(One  to  be  elected) 

c'Si 

S«OQd 

Other 
Choice! 

Norman  Gaines 

D 

IE 

D 

Peter  McCosh 

S 

D 

D 

Benjamin  Dodge 

n 

□ 

D 

George  Burt 

D 

D 

0 

n 

D 

n 

INSTRUCTIONS 

Three  registrars  and  three  inspectors  of  eleelion 
are  I"  t>c  elected. 

You  can  vote  (or  only  two  registrarsand  for  only 
tn-oiaspeclors. 

Vote  for  the  two  candidates  you  like  best  for 
liich  office  by  marking  an  X  in  the  square  at  the 
riRht  nf  Che  name  of  each. 

Remember  thai  if  you  vole  tor  more  than  two 

dates  tor  inspector,  none  of  your  vote*  for  these 
offices  will  be  counted. 

Registrar  of  Electors 

(Three  to  be  elecled) 

twtOalt 

James  Henry 

□ 

George  Blue 

s 

Charles  Green 

n 

Jacob  Klein 

s 

D 

Inspector  of  Electioni 

(Three  lo  be  elected) 

Vole  for 
TnOob 

Heinrich  Ehlers 

s 

William  Stone 

D 

Carl  Taylor 

[HI 

Joseph  Jenkins 

1 

D 

1 

i 

D 

Here  follow  Charter  Amendments,  Referendum  Propositions,  Initiative  Propositions 


CITY  CHARTER— CHAPTER  III.  27 

or  negatively,  according  to  the  place  in  which  the  elector  shall  make  such  cross. 
The  forms  shall  be  set  up  with  the  names  of  all  candidates  for  each  office  arranged 
alphabetically,  in  order  according  to  surnames. 

Sample  Ballots: 

Sec.  18.  The  City  Clerk  shall,  at  least  five  days  before  the  election,  cause  to 
be  printed  not  less  than  one  thousand  sample  ballots,  upon  paper  of  different 
color,  but  otherwise  identical  with  the  ballot,  to  be  uSed  at  the  election,  and  shall 
distribute  the  same,  as  samples  upon  request  to  the  registered  voters  at  his 
office. 

Penalty  for  False  Ballots : 

Sec.  19.  No  person  who  shall  print  the  ballots  for  the  election  of  city  officers, 
or  other  person,  shall  give  or  deliver  to,  or  knowingly  permit  to  be  taken,  any 
of  the  ballots  by  any  person  or  persons  other  than  the  Election  Commission,  or 
print  or  cause  to  be  printed  any  ballot  in  any  other  form  than  the  one  prescribed 
herein,  or  with  any  other  name  thereon,  or  with  the  name  misspelled,  or  the 
names  thereon  arranged  in  any  other  way  than  that  authorized  and  directed  by 
the  Election  Commission.  A  violation  of  this  section  shall  be  deemed  a  misde- 
meanor and  be  punished  accordingly.  No  person  shall  print,  issue,  distribute  or 
circulate  in  the  city,  or  request  or  cause  any  other  person  to  print,  issue  or  cir- 
culate, or  request  any  elector  to  vote  any  ballot,  or  vote  any  ballot,  except  such 
ballot  for  the  election  of  city  officers  as  shall  have  been  printed  under  the 
authority  of  this  charter,  or  any  counterfeit  or  imitation  of  such  ballots,  and 
intended  or  adapted  to  mislead  or  deceive,  and  any  person  so  oftending  shall  on 
conviction  thereof  be  punished  by  a  fine,  not  exceeding  five  hundred  dollars  or 
less  than  one  lumdred  dollars,  and  by  imprisonment  in  the  Detroit  House  of  Cor- 
rection not  more  than  ninety  days  or  less  than  thirty  days,  or  by  both  fine  and 
imprisonment. 

Supply  of  Ballots : 

Sec.  20.  The  Election  Commission  shall  provide  a  sufficient  nuniljer  of  bal- 
lots to  the  Board  of  Election  Inspectors  in  each  election  district.  The  necessary 
nuniber  of  ballots  shall  be  wrapped  and  tied  in  packages  and  securely  sealed  with 
^\•ax,and  the  Chairman  of  the  Election  Commission,  or  some  other  member  thereof 
authorized  by  them,  shall  make  and  sign  a  certificate  setting  forth  the  number 
of  ballots  in  such  package,  and  that  such  ballots  were  packed  and  sealed  under 
his  personal  supervisibn,  which  certificate  shall  be  securely  attached  to  the  pack- 
age, and  for  the  safe  sealing  of  such  ballots  the  commissioners  shall  provide 
tlremselves  with  a  seal  of  such  design  as  they  may  deem  proper.  These  pack- 
ages shall  not  be  opened  until  delivered  to  the  Board  of  Inspectors  of  the  proper 
district,  which  shall  be  designated  on  the  package,  when  the  board  shall  be  fully 
organized  and  ready  for  the  reception  of  votes  as  herein  provided. 

Ballot  Boxes: 

Sec.  21.  The  City  Clerk  shall  provide  all  ballot  boxes  required  to  be  used  at 
any  election,  to  wit,  for  each  election  district  one  box  for  the  ballots  for  city 
offices  at  any  city  election ;  one  box  for  the  ballots  for  other  than  city  offices  at 
any  county,  state  or  national  election ;  one  box  for  the  ballots  of  female  electors 
when  deemed  necessary ;  one  box  for  the  separate  ballots  for  city  propositions, 
when  such  are  submitted ;  and  one  •box  for  the  ballots  for  other  propositions  than 
city  propositions  when  such  are  submitted.     Such  ballot  boxes  shall  be  provided 


28  CITY  CHARTER— CHAPTER  III. 

with  double  covers,  one  inside  the  other,  hinged  and  each  with  a  lock  and  key 
and  with  an  opening  of  the  proper  size  to  admit  a  single  closed  ballot  into  the 
box.  The  Commissioner  of  Police  shall  be  custodian  of  the  ballot  boxes  except 
when  in  use  in  elections.  He  shall  keep  them  in  good  and  suitable  condition  and 
prior  to  every  election  he  shall  see  that  the  proper  boxes  are  ready  for  use. 

Delivery  of  Ballots,  Books,  Etc. : 

Sec.  22.  The  Commissioner  of  Police  shall  on  the  day  before  election  apply  to 
the  Election  Commission  for  the  city  ballots,  and  to  the  Board  of  Election  Commis- 
sioners of  the  county  for  the  ballots  prepared  by  them,  for  use  in  the  city,  and 
these  boards  shall  respectively  deliver  the  same  to  him  and  he  shall  receipt  there- 
for. He  shall  also  receive  from  the  City  Clerk  the  necessary  books,  seals,  blanks, 
stationery  and  so  forth,  and  by  safe  and  trusty  messengers  deliver  the  same  to 
the  respective  Boards  of  Inspectors  of  Election  at  the  polls  at  which  they  are 
intended  to  be  used.  He  shall  in  like  manner  procure  the  necessary  books,  blanks 
and  stationery  and  deliver  the  same  to  the  respective  Boards  of  Registration  at 
their  several  sessions.  He  shall  take  a  receipt  from  the  Chairman  of  the  Board 
of  Inspectors  for  the  number  of  ballots  delivered  to  the  board  as  indicated  in 
the  certificate  of  the  Election  Commission  thereto  attached. 

Elector's  Procedure  in  Election  Booth: 

Sec.  2Z.  The  gate  of  the  election  booth  shall  be  in  charge  of  the  gatekeeper 
duly  sworn  to  allow  no  person  to  pass  through  it  and  enter  the  railing,  except 
to  vote  or  by  direction  of  the  Board  of  Inspectors.  No  other  person  except  such 
as  the  Inspectors  are  required  to  admit  within  the  inclosure  where  they  may  sit, 
shall  be  allowed  inside  of  the  railing  except  to  vote  or  to  assist  an  elector  in  the 
preparation  of  his  ballot  as  herein  provided,  and  by  direction  of  the  inspectors. 
As  soon  as  an  elector  has  voted  he  shall  retire  without  and  shall  not  again  be 
admitted  within  the  railing.  Only  as  man}-  electors  as  there  are  voting  stalls 
shall  be  allowed  within  the  railing  at  one  and  the  same  time,  and  the  electors 
shall  be  admitted  in  the  order  in  which  they  shall  apply.  When  an  elector  offers 
his  vote,  he  shall  approach  the  railing  which  incloses  the  place  in  which  the 
inspectors  may  sit  and  over  the  same  deliver  his  vote  to  the  inspector  authorised 
to  receive  it.  No  person  shall  be  permitted  within  the  inclosure  within  which 
the  inspectors  sit  except  by  order  of  the  Board  of  Inspectors,  except  such  persons 
as  the  board  is  by  the  laws  of  the  city  and  state  directed  to  admit  within  the 
inclosure. 

Opening  and  Closing  of  Polls: 

Sec.  24.  The  polls  of  the  election  shall  be  open  at  seven  o'clock  in  the  fore- 
noon (central  standard  time),  and  shall  be  continued  open  until  nine  o'clock 
upon  the  evening  of  the  same  day  (central  standard  time),  and  no  longer,  except 
as  herein  otherwise  provided,  nor  shall  an  adjournment  or  recess  be  taken  from 
the  opening  of  the  polls  until  the  canvass  shall  have  been  completed  and  the 
returns  made  and  signed,  and  delivered  to  the  proper  inspectors  as  herein 
provided. 

Opening  of  Ballot  Package : 

Sec.  25.  At  the  opening  of  the  polls  after  the  organization  of  and  in  the 
presence  of  the  Board  of  Inspectors,  one  of  the  inspectors  shall  open  and  turn 
upside  down  each  ballot  box,  delivered  to  the  board,  so  as  to  empty  it  of  any- 
thing that  may  be  therein.     The  board  shall  also  ofifer  to  such  persons  a^  may 


CITY  CHARTER— CHAPTER  III.  29 

be  present  the  privilege  of  examining  tlie  same  in  their  presence.  Thereupon 
the  board  shall  lock  each  ballot  box  and  the  keys  thereof  shall  then  be  held  by 
one  of  the  inspectors  until  the  opening  of  the  ballot  boxes  for  the  counting  of 
the  ballots,  nor  sliall  the  boxes  be  opened  until  the  counting  of  the  ballots.  In 
a  similar  manner  at  the  opening  of  the  polls  one  of  the  inspectors  shall  in  the 
presence  of  the  board  open  the  package  of  ballots  in  such  manner  as  to  preserve 
the  seal  intact,  and  if  possible  the  certificates  attached  thereto;  he  shall  then 
deliver  to  one  of  the  inspectors,  to  be  designated  by  the  board,  fifty  of  the  ballots, 
and  shall  have  placed  at  least  two  German  blue  pencils  for  marking  the  ballots 
in  each  of  the  voting  stalls.  Tlie  inspector  so  designated  shall  at  once  proceed 
to  write  his  initials  in  ink  on  the  upper  left-hand  corner  of  the  back  of  each 
of  these  ballots  in  his  ordinary  handwriting,  and  without  any  distinguishing  mark 
of  any  kind.  As  each  successive  elector  calls  for  a  ballot,  another  one  of  the 
inspectors  shall  deliver  to  him  the  first  signed  of  the  fifty  ballots,  and  as  the  supply 
of  ballots  in  the  hands  of  the  inspector  shall  decrease,  additional  ballots  shall  be 
signed  by  the  same  inspector  or  by  another  designated  for  the  purpose,  so  that 
at  least  twenty-five  ballots  so  signed  shall  be  at  all  times  in  the  hands  of  the 
inspector  delivering  the  ballot  to  the  elector. 

Depositing  of  Ballots: 

Sec.  26.  No  ballot  shall  be  deposited  in  the  ballot  box  until  the  name  of  the  ' 
elector  offering  it  and  his  residence  shall  first  have  been  stated  by  him  and 
announced  aloud  by  the  inspector  holding  the  ballot,  and  until  the  name  shall 
have  been  found  on  the  election  list  of  electors  and  so  announced  by  the  inspector 
holding  such  list.  Every  ballot  shall  be  put  into  the  ballot  box  by  the  inspector 
who  receives  it  from  the  elector,  and  the  ballot  be  so  held  forth  by  the  inspector 
that  it  shall  be  in  full  view  of  the  elector  until  actually  put  into  the  box,  and 
immediately  upon  depositing  the  ballot  into  the  ballot-box,  the  inspector  or  clerk 
having  charge  of  the  election  list  of  electors  shall  check  ofl:'  the  name  of  such 

elector  in  such  list  by  marking  the  words  "voted 19 "  (giving 

date  of  election),  in  the  proper  column  and  in  the  line  with  the  elector's  name, 
and  the  name  of  such  elector  entered  on  the  poll  list. 

Challenge  of  Electors : 

Sec.  27 .  Each  inspector  shall,  and  any  challenger,  or  elector  of  the  same 
district,  may  challenge  every  person,  although  registered,  ofi^ering  to  vote  whom 
he  shall  know  or  suspect  to  be  disqualified  as  an  elector.  Whenever  it  appears 
that  the  word  "challenge"  is  written  opposite  the  name  of  any  elector  in  the 
election  list  of  electors,  the  inspector  shall  challenge  sucli  elector.  In  all  cases 
of  challenge,  the  inspector  holding  the  election  list  of  electors  shall  note  the  word 
"sworn"  opposite  the  name  of  the  person  challenged,  whether  the  person  oiTer- 
ing  to  vote  shall  be  permitted  to  vote  or  not.  The  register  of  electors  may  be 
referred  to  in  all  cases  of  disagreement  and  doubt  on  any  question  during  the 
election,  and  such  register  when  relevant  shall  be  conclusive.  If  any  person 
offering  to  vote  shall  be  challenged  as  unqualified  by  any  inspector,  challenger. 
or  elector  of  the  same  district,  the  Chairman  of  the  Board  of  Inspectors  shall 
declare  to  the  person  challenged  the  constitutional  qualifications  of  an  elector. 
If  such  person  shall  state  that  he  is  a  qualified  elector  and  the  challenge  is  not 
withdrawn,  one  of  the  inspectors  shall  tender  to  him  such  one  of  the  following 
naths  as  he  may  claim  to  contain  the  grounds  of  his  qualifications  to  vote : 


30  CITY  CHARTER— CHAPTER  HI. 

OATH. 

"You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of  age, 
that  you  are  a  citizen  of  the  United  States,  that  you  are  now  a  resident  of  this 
election  district,  and  that  you  have  resided  in  tliis  state  six  months  next  preceding 
this  day,  and  in  this  ward  twenty  days  next  preceding  this  day,  and  that  you  have 
not  voted  at  this  election." 

Or,  "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of  age, 
that  you  resided  in  this  state  on  the  twenty-fourth  day  of  June,  eighteen  hun- 
dred and  thirty-five,  that  you  have  resided  in  this  state  six  months  next  preced- 
ing this  day,  and  in  this  ward  twenty  days  next  preceding  this  day.  and  now 
reside  in  this  election  district,  and  that  you  have  not  voted  at  this  election." 

Or,  "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of  age, 
and  that  you  resided  in  this  state  on  the  first  day  of  Januar)',  eighteen  hundred 
and  fifty),  that  you  have  resided  in  this  state  six  months  next  preceding  this 
day,  and  are  now  a  resident  of  this  election  district,  and  that  you  have  not  voted 
at  this  election." 

Or,  "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of 
age,  that  you  resided  in  this  state  two  years  and  six  months  prior  to  the  eighth 
day  of  November,  one  thousand  eight  hundred  and  ninety-four,  that  you  declared 
vour  intention  to  become  a  citizen  of  the  United  States  two  years  and  six  months 
prior  to  the  eighth  day  of  November,  one  thousand  eight  hundred  and  ninety- 
four,  pursuant  to  the  laws  thereof,  that  you  have  resided  in  this  state  six  months 
next  preceding  this  day,  and  in  this  ward  twenty  days  next  preceding  this  day, 
that  you  are  now  a  resident  of  this  election  district,  and  that  you  have  not  voted 
at  this  election." 

Or,  "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of 
age,  and  that  you  are  a  native  of  the  United  States,  that  you  are  a  civilized  inhab- 
itant of  Indian  descent  and  not  a  member  of  any  tribe,  that  you  have  resided  in 
ihis  state  six  months  next  preceding  this  day,  and  in  this  ward  twenty  days  next 
preceding  this  day,  that  you  are  now  a  resident  of  this  election  district,  and  that 
voii  have  not  voted  at  this  election."  But  if  any  person  shall  have  been  chal- 
ientred.  and  swear  falsely,  upon  conviction  thereof,  he  shall  be  liable  to  the  pains 
and  penalties  of  perjury. 

Method  of  Voting : 

Sifc.  28.  The  inspector  holding  the  ballots  shall  deliver  one  of  them  to  each 
elector  on  entering  the  booth  and  applying  to  vote,  and  on  request  shall  give  an 
explanation  of  the  manner  of  voting.  If  deemed  necessary  by  the  board  an 
interpreter  may  be  called.  The  elector  shall  then  and  without  leaving  the  room 
go  alone  into  a  stall  which  is  unoccupied  and  indicate  the  candidates  for  whom 
he  desires  to  vote  by  marking  a  cross  (X)  in  the  scjuare  in  the  appropriate 
column,  at  the  right  of  the  name  voted  for,  as  follows :  He  shall  mark  a  cross 
(X)  in  the  column  at  the  head  of  which  stand  the  words  "First  Choice,"  in  the 
square  at  the  right  of  the  name  of  the  candidate  whom  he  desires  to  indicate 
as  his  first  choice.  In  case  there  shall  be  three  or  more  candidates  for  any  one 
office,  he  may  also  mark  a  cross  (X)  in  the  column  at  the  head  of  which  stand 
the  words  "Second  Choice,"  in  the  square  at  the  right  of  the  name  of  the 
candidate  for  whom  he  desires  to  indicate  as  his  second  choice.  In  case  there 
sliall  be  four  or  more  candidates  for  any  one  office  he  may  also  mark  a  cross  (X) 
in  the  column  at  the  head  of  which  stand  the  words  "Other  Choices,"  in  the 
square  at  the  right  of  the  names  of  such  other  candidates  for  which  he  has  not 


CITY  CHARTER— CHAPTER  III.  31 

indicated  a  first  or  a  second  choice,  but  whom  he  desires  to  indicate  as  his  further 
choices.  He  may  also  write  in  the  name  of  any  person  not  already  on  the  ballot 
in  the  space  below  the  names  of  candidates  for  the  same  office  for  which  he 
desires  such  person  to  be  his  choice,  and  a  name  so  written  in  shall  be  considered 
a  first  choice  vote  for  such  person.  No  elector  may  vote  more  than  one  choice 
for  one  person ;  nor  may  he  vote  more  than  one  first  choice  or  more  than  one 
second  choice  for  the  same  office ;  but  he  may  vote  as  many  choices  as  the  number 
of  candidates  for  the  same  office  less  one.  In  the  election  of  registrars  and 
inspectors  the  elector  shall  mark  a  cross  (X)  in  the  squares  at  the  right  of  the 
names  of  not  more  than  two  candidates  for  the  office  of  registrar,  and  not  more 
than  two  candidates  for  the  office  of  inspectors. 

Poll  List : 

Sec.  '29.  In  each  election  district  one  of  the  clerks  shall  keep  a  poll  list,  which 
shall  contain  the  names  of  all  electors  whose  ballots  were  received  at  such  elec- 
tion, and  opposite  each  name  shall  enter  the  number  of  such  elector  consecutively 
in  the  order  which  the  electors  vote. 

Women  Electors: 

Sec.  30.  In  all  elections,  women  electors  may  be  challenged,  and  before  their 
votes  are  received  shall  be  required  to  take  an  oath  or  affirmation  the  same  as 
male  electors.  In  making  the  returns  of  such  election,  a  separate  return  may 
be  made  of  the  votes  cast  by  women,  but  the  aggregate  vote  returned  shall  include 
the  votes  of  all  women  electors,  but  no  ballot  shall  be  received  from  any  woman 
unless  she  shall  have  registered,  and  would  be  a  qualified  elector  in  the  district 
if  she  were  a  male  elector,  but  if  so  registered  and  qualified,  women  residing  in 
the  district  shall  be  entitled  to  vote  for  school  inspectors  and  otherwise,  as  may 
be  permitted  by  the. constitution  of  the  state. 

Exhibition  or  Removal  of  Ballots : 

Sec.  31.  If  any  elector  shall  expose  his  ballot  or  any  part  thereof  to  any  person 
other  than  the  one  lawfully  assisting  him  in  the  preparation  thereof  after  the 
same  shall  have  been  marked,  so  as  to  disclose  the  name  of  any  candidate  marked 
bv  him,  such  ballot  shall  not  be  received  or  deposited  in  the  ballot  box,  and  his 
name  shall  be  entered  on  the  poll  list  with  a  minute  of  such  occurrence,  and  such 
elector  shall  not  be  allowed  to  vote  thereafter  at  the  same  election.  The  elector 
shall  then  leave  the  room,  but  no  elector  to  whom  a  ballot  has  been  delivered 
shall  be  permitted  to  leave  the  room  without  voting  the  ballot  or  returning  it 
to  the  inspector  from  whom  he  received  it.  If  any  elector  who  shall  attempt  to 
leave  the  room  with  a  ballot,  or  with  any  book,  pencil,  stationery  or  other  para- 
phernalia of  the  election  in  his  possession,  shall  refuse  to  deliver  the  same  upon 
request,  he  shall  be  at  once  arrested  on  demand  of  any  member  of  the  Board  of 
Inspectors. 

Distribution  of  Ballots: 

Sec.  2>2.  No  ballot  shall  be  distributed  by  any  person  other  than  one  of  the 
Inspectors  of  Election,  nor  in  any  place  except  within  the  railing  of  the  election 
booth  to  electors  about  to  vote,  and  no  ballot  which  has  not  the  initials  of  an 
inspector  written  by  such  inspector  on  the  back  thereof  shall  be  placed  in  the 
ballot  box. 

Disabled  Electors: 

Sec.  Zi.  \Mien  any  elector  shall  make  oath  that  he  cannot  mark  his  ballot 
for  any  cause  specified  by  the  laws  of  the  state  as  being  a  sufficient  disability, 


32  CITY  CHARTER— CHAPTER  III. 

his  ballot  shall  be  marked  for  him  by  an  inspector  designated  by  the  board  for 
that  purpose  in  the  presence  of  at  least  one  other  inspector,  and  in  the  presence 
of  the  witnesses,'  or  such  of  them  as  may  be  present,  appointed  in  accordance 
with  the  laws  of  the  state.  Any  inspector  or  person  who  shall  mark  a  ballot 
for  any  elector,  except  as  provided  herein,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  punished  accordingly ;  provided  that  the  imprisonment 
shall  not  exceed  thirty  days,  nor  the  fine  exceed  two  hundred  dollars,  and  the  fine 
and  imprisonment  may  both  be  imposed.  A  suitable  place  shall  be  provided 
for  the  marking  of  ballots  by  an  inspector  for  electors  unable  to  mark  the  same 
as  herein  provided,  inside  the  railing,  at  which  the  elector,  the  inspectors  and  the 
witnesses  may  be  accommodated  so  that  all  of  sucli  persons  may  be  present  and 
witness  such  marking. 

Spoiled  Ballots: 

Sec.  34.  When  an  elector  shall  in  marking  his  ballot  spoil  it,  he  shall  return 
it  to  the  board  of  inspectors  and  on  his  request  they  may  give  him  another.  The' 
board  shall  preserve  all  such  spoiled  ballots  for  return  with  the  other  unusued 
ballots. 

Electioneering  in  Booths: 

Sec.  35.  No  inspector  or  other  person  in  the  election  booth  or  any  compart- 
ment connected  therewith  shall  persuade  or  endeavor  to  persuade  any  person  to 
vote  for  or  against  any  particular  candidate  or  proposition.  Such  persuasion  or 
attempt  at  persuasion  shall  be  a  misdemeanor  and  shall  be  punished  accordingly. 
The  wearing  of  any  badge,  emblem  or  mark  indicative  of  the  wearer's  attitude 
toward  any  candidate  or  proposition,  and  the  placing  or  allowing  to  be  placed 
of  any  cards  or  other  matter  indicative  of  any  candidacy  or  advocacy  of  a  prop- 
osition within  the  election  booth  or  thereupon  by  election  officials,  witnesses  or 
challengers,  shall  be  construed  as  such  persuasion  or  attempt  at  persuasion  equally 
with  oral  persuasion  or  attempt  thereat. 

Close  of  the  Polls: 

Sec.  36.  When  the  hour  of  nine  o'clock  in  the  evening  (central  standard 
time)  shall  have  arrived  the  Board  of  Inspectors  shall  make  proclamation  that 
the  polls  will  forthwith  be  closed  except  to  receive  the  votes  of  such  electors  as 
may  at  the  time  be  within  the  election  booth  or  waiting  in  line  for  an  opportunity 
to  vote.  Thereupon  two  inspectors  designated  for  the  purpose  shall  together  count 
the  number  of  persons  waiting  in  line  outside  the  election  booth  for  an  oppor- 
tunity to  vote  and  report  the  same  in  a  loud  voice  to  the  Board  of  Inspectors. 
Tlie  board  shall  then  cause  to  be  written  on  the  poll  book  in  red  ink  immedi- 
ately below  the  name  of  the  elector  last  entered  there  the  words  "Xine  O'clock: 

electors  in  Waiting  Line,"'  except  that  the  blank  shall  not  be  filled   in 

with  a  greater  number  than  that  announced  by  the  two  inspectors.  Before  the 
two  inspectors  shall  re-enter  the  booth,  they  shall  command  the  member  of  the 
police  force  on  duty  at  the  polls  to  take  his  stand  behind  the  last  person  in  the 
line  and  shall  see  that  he  obeys  their  command.  Thereupon  they  shall  re-enter 
the  election  booth,  and  after  making  the  announcement  herein  required  shall 
resume  their  other  duties.  The  policeman  shall  prevent  any  person  not  in  line 
from  joining  the  line  and  shall  follow  the  line  until  the  last  person  therein  shall 
have  entered  the  election  booth.  The  gatekeeper  and  the  tally  clerks  shall  count 
each  person  who  shall  enter  after  the  two  inspectors  shall  have  announced  the 
number  in  the  waiting  line,  and  when  they  shall  have  counted  a  number  of  per- 


CITY  CHARTER— CHAPTER  III.  33 

son^  equal  to  the  number  announced  by  the  two  inspectors  and  recorded  in  the 
poll  book,  they  shall  notify  the  board  thereof.  Upon  the  giving  of  such  notice, 
or  when  the  policeman  shall  sooner  announce  that  the  last  person  in  line  has 
entered  and  it  shall  so  appear,  the  gatekeeper  shall  admit  no  other  person  and 
the  boartl  shall  permit  only  such  as  are  within,  if  they  shall  be  qualified  electors, 
to  vote.  Thereupon,  the  board  shall  proclaim  the  close  of  the  polls  and  shall 
thereafter  refuse  to  receive  any  further  ballots  whatever. 

First  Canvass  and  Count  of  Votes : 

Sec.  37.  As  soon  as  the  polls  shall  have  been  finally  closed,  the  Board  of 
Inspectors  in  each  election  district  shall,  immediately  and  at  the  close  of  the  poll, 
proceed  to  canvass  and  count  the  votes  cast  in  such  election  district.  Such  can- 
vass shall  not  be  adjourned  or  postponed  until  it  shall  have  been  fully  completed, 
nor  until  the  several  statements  herein  required  to  be  made  by  the  inspectors  and 
clerks  shall  have  been  made  out  and  signed  by  them.  The  number  of  ballots 
shown  by  the  poll  list  to  have  been  cast  in  the  election  district  shall  be  counted 
and  compared  with  the  number  of  electors  checked  of?  in  the  election  list  of 
electors.  When  the  number  of  voters  shall  have  been  ascertained  and  agreed 
upon,  the  result  shall  be  certified  in  the  poll  book,  in  which  proper  blanks  shall 
be  printed  for  that  purpose.  The  box  containing  the  ballots  cast  shall  then  be 
opened,  but  before  opening  any  ballots  or  ascertaining  its  contents,  the  number 
of  ballots  shall  first  be  counted.  If  the  number  of  ballots  shall  be  found  to  exceed 
the  number  of  names  on  the  poll  books  certified  as  aforesaid,  the  ballots  shall  be 
replaced  in  the  box.  Thereupon  one  of  the  inspectors,  with  his  back  to  the  box, 
and  without  seeing  it,  shall  draw  out.  without  showing  them,  a  number  of  ballots 
ef|ual  to  the  excess,  and  if  during  the  counting  of  the  ballots,  or  at  the  conclusion 
of  the  counting,  an  excess  of  ballots  be  discovered,  all  the  ballots  shall  then  be 
returned  to  the  box,  and  after  being  thoroughly  mingled,  the  excess  shall,  in  the 
manner  directed  above,  be  drawn  out  and  the  count  corrected  accordingly. 
Where  there  shall  be  more  than  one  ballot  box  to  be  opened,  the  procedure  shall 
be  the  same  in  the  case  of  each.  If  two  or  more  separate  ballots  are  found  so 
folded  together  as  to  present  the  appearance  of  a  single  ballot,  they  shall  be  laid 
aside  until  the  count  of  the  ballots  is  completed ;  then,  if  upon  comparison  of 
the  count,  and  of  the  number  and  the  names  of  electors  on  the  poll  books,  it  shall 
appear  that  the  two  or  more  ballots  thus  folded  together  were  cast  by  one  elector, 
they  shall  all  be  rejected  and  the  count  corrected  accordingly.  All  such  excess 
ballots  shall  be  tied  together  into  a  separate  package  for  each  ballot  box  and 
a  certificate  endorsed  thereon  by  an  inspector  designated  for  the  purpose,  which 
certificate  shall  contain  a  statement  of  the  number  of  excess  ballots  and  the 
manner  in  which  the  excess  was  determined.  A  similar  minute  shall  be  entered 
by  the  board  on  the  tally  sheets. 

Vote  on  Propositions: 

Sec.  38.  When  the  ballots  and  the  poll  books  shall  have  been  found  to  agree 
or  have  been  made  to  agree,  as  herein  provided,  the  board  shall  proceed  to  count 
first  the  vote  on  each  proposition,  if  any  proposition  shall  have  been  submitted  at 
that  election,  in  the  following  manner:  All  the  ballots  shall  be  separated  into 
three  piles,  the  first  pile  containing  all  the  ballots  in  favor  of  such  proposition, 
the  secontl  pile  containing  all  the  ballots  against  such  proposition,  and  the  third 
pile  containing  all  the  ballots  being  neither  for  nor  against  such  proposition. 
Thereupon  at  least  three  of  the  inspectors  shall  examine  each  pile,  and  see  that 
tlie  separation  has  been  properly  made.     When  it  shall  appear  that  a  proper  sep- 


34  CITY  CHARTER— CHAPTER  III. 

aration  has  been  obtained,  the  first  pile  of  ballots  shall  be  carefully  counted  and. 
the  result  announced  to  the  clerk,  who  shall  tally  the  same.  In  like  manner  also 
the  second  pile  shall  be  counted,  announced  and  tallied,  and  thereafter  the  third 
pile,  if  any.  The  clerk  shall  then  announce  to  the  inspectors  the  number  of 
votes  for  and  the  number  of  votes  against  such  proposition.  The  ballots  for  and 
against  any  proposition  to  be  made  shall  always  be  canvassed,  counted  and  tal- 
lied before  the  names  of  candidates  for  any  office  are  canvassed,  counted  or  tal- 
lied. The  inspectors  and  clerks  of  election  shall  make  a  true  count  and  correct 
return  of  all  votes  upon  any  such  proposition,  and  any  willful  failure  or  neglect 
of  any  inspector  or  clerk  to  do  so  shall  be  a  misdemeanor  and  punished 
accordingly. 

Procedure  in  Tallying  Votes : 

Sec.  39.  After  completing  the  counting  and  tallying  of  the  votes  on  any  such 
proposition,  the  Board  of  Inspectors  in  each  election  district  shall  proceed  to  count 
the  votes  for  each  and  every  candidate  in  the  following  manner :  They  shall 
divide  all  ballots  remaining  after  the  separation  of  the  excess  ballots,  into  such 
bundles  or  batches  as  may  be  convenient  for  a  prompt  and  careful  determination 
of  the  result  of  the  election.  At  least  two  inspectors,  one  after  the  other,  shall 
carefully  examine  each  ballot  and  shall  reject  and  place  in  a  separate  pile  any 
ballot  bearing  any  impression,  device,  color  or  thing  on  its  face  or  outside  thereof. 
except  as  provided  herein,  designed  to  distinguish  such  ballot  from  other  legal 
ballots,  or  so  marked  upon  the  edges  that  when  folded  and  delivered  to  the 
inspectors  it  may  be  distinguished  from  other  ballots,  or  as  to  designate  or  impart 
knowledge  of  the  person  who  voted  such  ballot,  or  any  ballot  which  shall  be  so 
spoiled  that  the  choice  of  the  elector  cannot  be  determined  therefrom,  or  any 
ballot  on  which  no  indication  of  choice  appears.  The  remaining  ballots,  being 
the  good  ballots,  shall  be  placed  in  a  separate  pile.  The  two  inspectors  shall  then 
make  a  secure  package  of  all  ballots  in  the  first  pile  and  note  thereon  the  fact 
of  their  being  rejected,  spoiled  or  blank,  which  ballots  shall  be  known  as  the 
rejected  ballots.  Thereupon  they  shall  proceed  to  the  count  of  the  good  ballots 
in  the  following  manner :  One  inspector  in  the  presence  of  the  other  shall  call 
the  names  of  the  persons  marked  or  voted  for  by  such  ballots  and  the  offices  for 
which  they  are  designated,  noting  carefully  whether  the  vote  is  first  choice, 
second  choice  or  other  choice,  and  the  clerks  shall  tally  each  vote  as  called  on 
tally  sheets  provided  for  the  purpose.  No  vote  shall  be  counted  for  any  can- 
didate more  than  once  on  any  one  ballot,  all  subsequent  votes  on  that  ballot  for 
that  candidate  being  void.  If,  on  examination  of  any  ballot,  it  shall  appear  that 
the  elector  voting  it  has  voted  first  choice  or  second  choice  for  more  than  one 
candidate  for  the  same  office,  such  first  choice  or  second  choice  votes  shall  not 
be  invalidated,  but  shall  count  only  as  other  choice  votes.  If  it  shall  appear  that 
an  elector  has  voted  some  choice  for  every  candidate  for  the  same  office,  then 
and  in  that  event  all  his  other  choice  votes  for  that  office  shall  be  invalid  and 
shall  not  be  considered  in  any  count.  When  all  the  votes  in  the  pile  of  good  bal- 
lots shall  have  been  called  and  tallied,  the  clerks  shall  complete  their  count.  If  it 
shall  appear  that  the  results  of  their  counts  do  not  agree,  then  the  second 
inspector,  in  the  presence  of  the  first,  shall  repeat  the  call  of  votes  and  the  clerks 
shall  tally  the  same  a  second  time  and  compare  results,  and  this  process  shall  be 
repeated  until  exact  agreement  in  their  count  shall  appear.  Each  batch  or 
subdivision  of  ballots  agreed  upon  by  the  inspectors  to  be  counted  shall,  as  soon 
as  counted,  read,  tallied  and  found  to  agree,  be  made  into  a  secure  package  with 
a  note  thereon  to  distinguish  it  as  containing  sjood  ballots  which  have  been  can- 


CITY  CHARTER— CHAPTER  III.  35 

vassed,  and  each  batcli  shall  be  thus  disposed  of  before  the  commencement  of 
the  count  of  the  next  lot  or  batch.  At  the  completion  of  the  canvass  made  in 
this  manner  of  the  votes  cast,  the  packages  of  the  rejected  ballots  shall  be 
opened  successively  by  two  inspectors  other  than  the  two  who  originally  rejected 
them.  They  shall  examine  each  ballot,  and  if  they  shall  find  it  to  have  been 
properly  rejected,  enter  thereon  a  minute  of  the  reason  for  such  rejection  signed 
by  one  of  them.  In  case  it  shall  appear  to  them  that  a  ballot  has  been  improperly 
rejected,  they  shall  refer  its  rejection  to  the  board,  and  the  board  shall  decide 
whether  it  shall  be  rejected  or  considered  a  good  ballot.  The  decision  of  the 
board  shall  be  noted  thereon  and  it  shall  be  dealt  with  accordingly.  All  such 
ballots  as  shall  on  the  board's  decision  be  declared  good  ballots,  shall  be  counted, 
read  and  tallied  as  other  good  ballots  and  made  into  a  secure  package.  All 
ballots  which  shall  remain  rejected  shall  be  made  into  a  secure  package  with  a 
note  thereon  certifying  the  fact  of  its  containing  the  rejected  ballots.  Thereupon 
all  the  ballots,  good  and  rejected,  in  their  separate  packages,  shall  be  replaced  in 
the  same  box.  Thereupon  the  tally  clerks  shall  ascertain  the  total  number  of 
first,  second  and  other  choice  votes  received  by  each  candidate  at  the  election,  and 
when  they  sliall  have  agreed  upon  the  number,  shall  announce  to  the  inspectors 
the  total  number  of  such  votes  received  by  each  candidate.  Proclamation  shall 
thereupon  be  made  in  a  loud  voice  and  repeated  by  one  of  the  inspectors,  of  the 
total  number  of  such  votes  received  by  each  of  the  persons  voted  for  in  the  elec- 
tion district  for  the  office  for  which  he  is  designated  and  the  number  of  votes 
for  and  the  number  of  votes  against  any  proposition  which  shall  have  been  sub- 
mitted to  a  vote  of  the  people.  Such  proclamation  shall  be  prima  facie  evidence 
of  the  result  of  the  canvass  of  such  votes. 

Certificates  of  Votes  Cast : 

Sec.  40.  As  soon  as  the  result  of  the  election  in  any  election  district  shall 
have  been  ascertained  and  proclaimed,  as  provided  herein,  the  number  of  first 
choice,  second  choice  and  other  choice  votes  for  each  person  and  for  the  office  for 
which  he  is  designated  and  the  number  of  votes  for  and  against  any  proposition 
submitted  to  vote  at  that  election  shall  be  set  down  in  the  poll  book  upon  proper 
blanks  insertel  therein  under  the  inspection  of  the  inspectors  and  certified  and 
signed  by  them  and  attested  by  the  clerks.  In  all  certificates  the  number  of  votes 
shall  be  fully  written  out  in  words,  also  in  figures. 

Certification  of  Election  Returns: 

Sec.  41.  When  the  Board  of  Inspectors  in  any  election  district  shall  have 
completed  the  count  of  the  votes,  returned  the  ballots  to  the  boxes  and  entered 
the  certificate  of  the  votes  cast  in  the  poll  book,  as  herein  provided,  they  shall 
at  once  proceed  to  make  and  certify  full  and  true  returns  of  the  results  of  the 
election  under  their  hands.  One  return  shall  be  made  of  all  the  votes  cast  for 
each  city,  ward  or  district  office  and  city  propositions ;  one  return  shall  be  made 
of  the  votes  cast  for  all  other  offices  and  propositions  voted  for  at  the  election. 
Duplicates  of  each  of  the  returns  shall  also  be  made  and  certified  in  like  manner. 
One  copy  of  the  return  of  the  votes  cast  for  city,  ward  or  district  offices  and  city 
propositions  shall  be  placed  in  an  envelope  carefully  sealed,  and  the  inspectors 
shall  write  their  names  across  the  back  of  the  envelope  in  such  manner  that  the 
same  cannot  be  opened  without  breaking  the  seal  and  otherwise  defacing  the 
envelope  and  signatures.  The  envelope  shall  also  have  the  names  or  number  of 
the  election  district  thereon,  and  shall  be  directed  to  the  Board  of  City  Canvassers 
in  care  of  the  County  Clerk  of  Wayne  county,  and  the  other  copy  of  the  return 


36  CITY  CHARTER— CHAPTER  III. 

of  votes  cast  for  city,  ward  and  district  offices  and  city  propositions  shall  be  placed 
in  a  like  envelope  and  marked,  sealed  anil  endorsed  in  like  manner  and  directed 
to  the  City  Clerk.  One  copy  of  the  return  of  the  votes  cast  for  other  offices  than 
city  offices  and  propositions  other  than  city  propositions  shall  be  placed  in  a  like 
envelope,  sealed,  marked  and  endorsed  in  like  manner,  and  shall  be  directed  to  the 
Board  of  County  Canvassers  in  care  of  the  City  Clerk,  and  the  other  copies  of 
the  returns  of  the  votes  cast  for  other  offices  than  city  offices  and  propositions 
other  than  city  propositions  shall  be  placed  in  another  envelope,  sealed,  marked 
and  endorsed  in  like  manner  and  directed  to  the  County  Clerk  of  Wayne  county. 
The  envelopes  directed  to  the  County  Clerk  and  City  Clerk  containing  returns  shall 
specify  what  they  contain.  The  returns  directed  to  the  Board  of  City  Canvassers 
and  to  the  Board  of  County  Canvassers,  respectively,  shall  be  delivered  to  them 
respectively  by  the  County  Clerk  and  City  Clerk ;  the  other  returns  directed  to  the 
City  Clerk  and  County  Clerk  shall  be  filed  by  them  in  their  respective  offices  as 
part  of  the  records  thereof. 

Sealing  of  Ballot  Boxes : 

Sec.  42.  When  the  election  returns  in  any  election  district  shall  have  been 
signed  and  enveloped,  as  herein  provided,  the  Board  of  Inspectors  shall  cause  one 
set  of  the  tally  sheets  to  be  placed  in  the  boxes.  They  shall  securely  lock  each  of 
the  boxes,  wind  it  with  tape  and  seal  it  in  a  manner  to  be  designated  by  the 
Election  Commission,  and  a  covering  of  leather  or  canvass  fastened  with  sealing 
wax,  and  stamped  with  an  official  election  seal,  shall  be  placed  over  the  hole  in 
the  lid  or  cover  and  the  key-hole  of  each  box,  so  as  to  completel}-  cover  both  holes 
in  such  manner  that  the  box  cannot  be  opened,  nor  the  holes  in  the  cover  or  the 
key-holes  be  uncovered  without  breaking  the  seal. 

Delivery  of  Boxes,  Books,  Etc. : 

Sec.  43.  When  the  Board  of  Inspectors  in  any  election  district  shall  have 
returned  the  ballots  to  the  boxes  and  fastened  and  sealed  the  same  as  herein  pro- 
vided, they  shall  thereupon  deliver  the  same  and  all  spoiled,  excess  and  unusued 
ballots  and  also  a  copy  of  the  poll  books  to  a  member  of  the  police  force,  who 
shall  be  sent  to  the  election  booth  by  the  Commissioner  of  Police  for  the  purpose 
of  receiving  the  same.  A  statement  of  the  number  of  ballots  used  shall  be 
enclosed  with  the  ballots  returned.  The  messenger  so  sent,  on  receipt  of  the 
spoiled,  excess  and  unused  ballots,  shall  carefully  count  and  receipt  for  the 
number  thereof  delivered  to  him  by  the  board,  marking  on  the  package,  which 
shall  be  securely  sealed,  the  number  so  receipted  for.  He  shall  also  receipt  for 
the  boxes  and  poll  books,  to  be  delivered  to  him.  After  the  receipts  shall  have 
been  made  and  signed,  the  package  of  spoiled,  excess  and  unused  ballots  and  the 
boxes  and  the  poll  books  shall  be  delivered  to  him,  and  he  shall  forthwith  convey 
the  same  to  police  headquarters  and  there  fleliver  them  to  the  Commissioner  of 
Police.  The  Commissioner  of  Police  shall  enter  in  a  book  kept  by  him  for  the 
jnirpose  the  number  of  spoiled,  excess  and  unused  ballots  delivered  to  him  and 
thereupon  destroy  them.  He  shall  also  deposit  the  ballot  boxes  in  some  safe 
place  and  keep  them  in  his  custody.  Four  months  thereafter,  the  ballots  therein 
may  be  taken  out  and  destroyed.  The  poll  books  shall  be  placed  on  file  in  the 
office  of  Commissioner  of  Police.  The  same  or  another  messenger  shall  receive 
from  the  inspectors  the  registers  of  electors,  election  list  of  electors  aiul  other 
paraphernalia  of  election  and  deposit  the  same  with  the  City  Clerk. 


CITY  CHARTER— CHAPTER  III.  37 

Re-opening  of  Ballot  Boxes: 

Sec.  44.  Whenever  within  lour  months  after  an  election  any  court  of  com- 
petent jurisdiction,  board  of  canvassers  or  other  competent  authority  shall  require 
such  ballot  boxes  for  the  purpose  of  having  or  making  a  recount  of  the  ballots 
therein  contained,  for  one  or  more  candidates,  the  Commissioner  of  Police  shall, 
upon  proper  demand  or  request  in  writing,  send  such  box  or  boxes  as  may  be 
required,  by  one  or  more  of  the  police  force,  to  the  court  or  board  so  entitled 
thereto.  But  such  box  or  boxes  shall  not  be  taken  from  the  custody  of  such 
member  or  members  of  the  police  force  except  to  open  the  same  and  count  the 
ballots  therein  in  his  or  their  presence.  Upon  such  count  being  made  the  ballots 
shall  be  returned  to  the  box  or  boxes  from  wdiich  they  were  taken,  duly  locked 
and  sealed,  and  the  boxes  shall  then  be  conveyed  back  by  the  members  in  charge 
to  the  Commissioner  of  Police. 

Delivery  of  Election  Returns: 

Sec.  45.  The  envelopes  directed  to  the  City  Clerk  containing  copies  of  the  elec- 
tion returns  as  herein  provided  shall  together  with  the  keys  to  the  ballot  boxes, 
the  election  seal  and  one  set  of  tally  sheets  be  taken  by  any  two  members  of  the 
board  designated  for  that  purpose  directly  from  the  election  booth  to  the  office  of 
the  City  Clerk.  The  envelopes  addressed  to  the  County  Clerk  shall  be  delivered 
by  different  inspectors  designated  for  such  purposes  who  shall  proceed  directly,  but 
not  in  company  with  the  inspectors  bearing  the  returns  of  the  City  Clerk  to  the 
office  of  the  County  Clerk.  Any  one  or  more  electors  present  at  the  voting  place 
shall  have  the  right  to  accompany  the  inspectors  designated  to  so  deliver  such 
returns  from  the  election  booth  to  the  offices  respectively  of  the  City  and  County 
Clerks.  If  the  inspectors,  or  either  of  them,  shall  prevent  or  attempt  to  prevent 
such  electors  from  so  accompanying  him  or  them,  or  evade  or  attempt  to  evade 
such  electors,  or  stop  at  any  place  on  the  way  from  the  election  booth  to  the  City 
or  County  Clerks  office  without  necessity  therefor,  he  or  they  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  accord- 
ingly. Tlie  City  Clerk  and  County  Clerk  shall  keep  their  offices  open  until  the 
returns  from  all  election  districts  shall  have  been  received,  and  there  delivered 
by  the  inspectors  to  the  clerks  or  one  of  their  ileputies,  who  shall  observe  whether 
such  envelopes  have  been  tampered  with  and  shall  endorse  thereon  the  time  he 
received  the  same,  and  whether  the  same  is  in  apparent  good  order,  and  shall 
thereupon  deposit  the  same  in  a  safe  and  secure  place  in  his  office.  The  keys  and 
election  seal  shall  be  placed  in  the  proper  receptacle  imtil  needed.  The  returns 
directed  to  the  Board  of  County  Canvassers  and  Board  of  City  Canvassers  shall 
not  be  opened  until  the  meeting  of  the  respective  boards,  when  they  shall  be  deliv- 
ered to  the  res]iective  boards  by  the  County  Clerk  and  the  City  Clerk. 

Board  of  City  Canvassers : 

Sec.  46.  The  City  Clerk,  City  Treasurer  and  the  Corporation  Counsel  shall 
constitute  the  Board  of  City  Canvassers.  The  board  itself  shall  elect  one  of  their 
number  to  be  chairman.  Each  member 'of  the  board  may  also  designate  a  suitable 
person  to  act  as  one  of  the  clerks  of  the  board,  to  be  compensated  in  such 
manner  as  the  Common  Council  may  determine. 

Determination  of  Election: 

Sec.  4".  Tile  Board  of  City  Canvassers  shall  upon  the  Thursday  next  after 
the  election,  at  ten  o'clock  in  the  forenoon  (central  standard  time)  meet  in  a  con- 
venient [lublic  place,  to  be  by  them  designated,  and  proceed  to  open  and  canvass 


38  CITY  CHARTER— CHAPTER  III. 

the  returns  for  city,  ward  and  district  officers  and  declare  the  result  of  the  election 
as  soon  as  possible  thereafter.  They  shall  determine  the  results  of  the  election 
in  the  following  manner :  When  one  person  is  required  to  be  elected  to  any  office, 
the  person  receiving  more  than  one-half  of  the  total  number  of  ballots  cast  at 
such  election  as  the  first  choice  of  the  electors  for  any  office  shall  be  elected  to 
that  office;  provided,  that  if  no  candidate  shall  receive  such  a  majority  of  the  first 
choice  votes  for  such  office,  then  and  in  that  event,  a  canvass  shall  be  made  of  the 
second  choice  votes  received  by  the  candidates  for  that  office ;  second  choice  votes 
shall  then  be  added  to  the  first  choice  votes  received  by  each  candidate  for  such 
office,  and  the  candidate  receiving  tlie  largest  number  of  first  and  second  choice 
votes,  if  such  number  shall  constitute  a  majority  of  the  number  of  first  choice 
votes  cast  for  that  office  at  such  election,  shall  be  elected  thereto ;  and  provided, 
further,  that  if  no  such  candidate  shall  receive  such  a  majority  after  adding  the 
first  and  second  choice  votes,  then  and  in  that  event,  a  canvass  shall  be  made  of 
the  other  choice  votes  received  by  the  candidates  for  such  office.  Such  other 
choice  votes  shall  then  be  added  to  the  first  and  second  choice  votes  received  by 
each  candidate  for  such  office  and  the  candidate  receiving  the  highest  number  of 
first,  second  and  other  choice  votes  shall  be  declared  elected  thereto.  When  two 
or  more  persons  are  required  to  be  elected  to  the  same  office,  except  election 
district  officers,  the  election  of  the  first  person  entitled  to  hold  such  office  shall  be 
determined  in  like  manner  as  the  election  of  a  person  to  an  office  to  which  only 
one  person  is  required  to  be  elected.  The  election  of  the  remaining  persons 
required  to  be  elected  to  such  office  shall  be  as  follows :  \\'hen  it  shall  appear, 
after  adding  first  and  second  choice  votes  or  first,  second  and  other  choice  votes, 
that  any  person  or  persons  have  received  a  majority  of  the  ballots  cast  for  such 
office,  those  persons  shall  be  declared  elected  in  the  order  of  the  relative  greatness 
of  their  votes  until  the  required  number  shall  be  declared  elected,  or  until  all  such 
persons  shall  be  so  declared  elected.  But  if  it  shall  appear,  after  the  addition  of 
all  first,  second  and  other  choice  votes,  that  the  required  number  of  persons  have 
not  received  the  majority  necessary  to  elect,  then  and  in  that  event,  the  required 
number  shall  be  made  up  by  declaring  elected  the  persons  ("not  already  declared 
elected)  who  then  shall  have  the  greatest  number  of  votes  and  so  on  in  like 
manner  until  the  requisite  number  of  persons  shall  have  been  declared  elected. 
In  the  election  of  registrars  and  inspectors,  the  three  candidates  for  registrar 
and  the  three  candidates  for  inspector  in  each  election  district,  who  shall  have 
respectively  received  the  highest  number  of  votes,  shall  be  declared  elected. 

Error  in  Returns : 

Sec.  48.  If  it  shall  be  claimed  by  any  member  of  the  Board  of  City  Canvassers 
that  the  return  made  to  the  board  from  any  district  is  erroneous  in  respect  to  the 
return  of  votes  cast  for  any  office,  the  Commissioner  of  Police,  on  request  of  the 
board,  shall  produce  before  the  board  the  returns  certified  in  the  poll  book  for  the 
district,  and  the  City  Clerk  shall  likewise  produce  the  returns  in  his  office  from  such 
district.  If  on  comparison  of  all  of  such  returns  it  shall  appear  that  any  two  of 
them  agree  as  to  the  number  of  votes  returned  for  such  office,  the  returns  so 
agreeing  shall  be  accepted  as  correct  returns  of  the  number  of  votes  cast  for  such 
office. 

Deterinination  of  a  Majority : 

Sec.  49.  Wherever  the  word  "majority"  appears  herein  in  reference  to  the 
determination  of  the  election  of  a  person  to  any  office,  it  shall  be  un  'erstood  m 
mean  any  number  more  than  one-half  of  the  luimher  of  the  fir<i  choice  \otes  ca-t 
for  all  candidates  for  such  office 


CITY  CHARTER— CHAPTER  III.  39 

Determination  of  Tie- Vote : 

Sec.  50.  When  two  or  more  persons  shall  have  an  equal  number  of  votes  for 
the  same  office,  the  election  shall  be  determined  in  favor  of  the  one  among  them 
iiaving  the  greatest  number  of  first  choice  votes.  If  it  shall  appear  that  all  of 
such  candidates  have  received  an  equal  number  of  first  choice  votes,  then  and  in 
that  event  the  election  shall  be  determined  in  favor  of  the  one  having  the  greatest 
number  of  second  choice  votes.  If  it  shall  appear  that  all  such  candidates  have 
received  an  equal  number  of  second  choice  votes  as  well,  or  where  two  or  more 
persons  shall  have  an  equal  number  of  votes  for  the  same  office,  but  with  no 
c'.ioice  indicated,  then  and  in  that  event  the  election  shall  be  determined  by  the 
drawing  of  lots  under  the  direction  of  the  Board  of  Canvassers.  The  name  of 
each  of  such  persons  shall  be  written  on  separate  slips  of  paper,  and  each  slip 
deposited  in  a  box,  or  other  proper  place,  and  the  President  of  the  Board  shall 
draw  out  of  the  box.  or  other  place,  in  the  usual  manner  of  determining  by  lot. 
one  of  the  slips,  and  the  person  whose  name  is  thereon  shall  be  deemed  entitled 
to  hold  the  office  for  which  he  received  the  votes,  in  the  same  manner  as  other 
officers  duly  elected. 

Informalities  in  Elections : 

Sec.  51.  No  informalities  in  conducting  any  election  shall  invalidate  the 
same,  if  it  has  been  conducted  fairly  and  in  substantial  conformity  with  the 
requirements  of  this  charter. 

General  Powers  of  Inspectors : 

Sec.  52.  All  Inspectors  of  Election,  while  exercising  their  office  hereunder,  or 
under  any  other  law  regulating  elections,  shall  have  full  power  and  authority, 
and  are  hereby  required  to  enforce  the  peace  and  good  order  and  obedience  to 
their  lawful  commands  for  such  ends  at  and  about  the  election  booths.  They 
shall  especially  keep  the  access  of  electors  to  the  polls  open  and  unobstructed, 
prevent  and  suppress  all  riot,  violence,  tumult  and  disorder,  and  also  any  and  all 
improper  practices  or  attempts  tending  to  obstruct  or  intimidate  electors  from  a 
free  exercise  of  their  elective  franchise,  or  counting  and  certifying  the  results  of 
an  election.  They  shall  also  protect  the  clerks  of  the  election  and  the  witnesses 
and  challengers  designated  to  attend  the  election  herein  provided  from  any  vio- 
lence, interference  or  molestation  during  the  receiving  and  enumeration  of  ballots, 
and  they  shall  at  all  hazards  be  bound  to  preserve  and  secure  the  registers,  lists  of 
electors,  poll  books,  ballot  boxes  and  ballots  at  every  election  from  violence, 
fraud  or  tampering.  To  enforce  the  provisions  of  this  section,  the  Commissioner 
of  Police  shall  detail  for  service  at  the  election  booth  in  any  district  such  force 
as  he  may  deem  necessary,  and  on  every  day  of  election  shall  have  a  special  force 
in  readiness  for  any  emergency.  The  police  authorities  shall  assign  at  least  one 
policetnan  to  duty  in  each  district  on  every  day  of  an  election,  and  if  necessary 
shall  employ  the  necessary  number  of  special  policemen.  During  the  receiving 
and  counting  of  the  ballots  no  person  shall  in  any  manner  hinder  or  delay  any 
elector  in  reaching  or  leaving  the  election  booth.  In  the  discharge  of  their  duties 
the  Inspectors  of  Election  may,  if  necessary,  appoint  and  require  any  elector  or 
electors  to  aid  them  in  making  known  their  order  and  enforcing  the  peace.  The 
Inspectors  of  Election,  or  any  of  them,  may  order  the  arrest  of  anv  person  violat- 
ing this  section,  but  such  arrest  shall  not  prevent  such  person  from  voting  if  he  is 
entitled  so  to  do.  The  sheriff  and  all  constables,  policemen  and  officers  of  the 
peace,   and  all  by-standers   at   any  election,  shall   immediatelv  obey   and   aid    in 


40  CITY  CHARTER— CHAPTER  III. 

enforcing  any  and  every  lawful  order  made  by  the  inspectors  at  any  election  in 
execution  of  the  provisions  of  this  section.  Any  persons  wilfully  refusing  or 
neglecting  to  perform  any  of  the  duties  by  this  section  prescribed  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punishing  accordingly. 

Bribery  and  Illegal  Voting: 

Sec.  53.  Any  candidate  or  other  person  offering  a  bribe  either  in  money, 
municipal  office  or  municipal  employment  or  other  consideration,  to  any  person 
for  the  purpose  of  securing  his  influence  or  his  vote  at  any  election,  or  any  person 
accepting  such  bribe,  either  in  money  or  other  thing  of  value  or  offer  of  municipal 
office  or  municipal  employment,  or  other  consideration ;  any  person  making  false 
answer  relative  to  his  qualifications  to  vote  at  such  election ;  any  person  offering 
to  vote  at  such  election  knowing  himself  not  to  be  a  qualified  elector  or  knowing 
himself  not  to  be  qualified  to  vote  in  the  election  district  where  he  offers  to  vote ; 
any  person  knowingly  procuring,  aiding  or  abetting  any  violation  hereof;  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  a  sum  not 
less  than  one  hundred  dollars,  nor  more  than  five  hundred  dollars,  or  be  impris- 
oned not  less  than  ten  nor  more  than  ninety  days  or  both,  at  the  discretion  of  the 
court.  ^  A  violation  of  any  of  the  provisions  of  this  section  by  any  candidate  shall 
upon  conviction  disqualify  him  from  holding  the  office  for  which  he  is  a  candi- 
date. Every  elective  officer  of  the  city  shall,  at  the  time  he  takes  the  oath  of 
office,  be  required  to  take  and  subscribe  an  oath  that  he  has  not  violated  any  of 
the  provisions  of  this  chapter. 

Special  Elections: 

Sec.  54.  Special  elections  shall  be  conducted  as  near  as  may  be  in  the  same 
manner  as  general  elections,  but  in  such  cases  the  returns  of  the  inspectors  shall 
be  directed  to  and  shall  be  opened  and  canvassed,  and  the  result  declared  by  the 
Board  of  City  Canvassers,  which  shall  hold  a  session  for  that  purpose  on  the 'sev- 
enth day  after  the  election  at  two  o'clock  in  the  afternoon  (central  standard  time). 

Copies  of  Chapters  Two  and  Three : 

Sec.  55.  The  City  Clerk  shall  cause  to  be  printed  pamphlet  copies  of  Chapters 
II  and  III  and  furnish  one  of  them  to  each  of  the  registrars  and  inspectors  when 
they  take  the  oath  of  office. 


CITY  CHARTER— CHAPTER  IV.  41 


CHAPTER   IV. 

OFFICERS:   TERMS,  SALARIES,  POWERS,  DUTIES 

Elective  Officers : 

Sec.  1.  At  the  general  city  election  the  city  shall  elect  a  Mayor,  City  Clerk, 
City  Treasurer,  one  Alderman  from  each  ward,  one  Constable  from  each  ward, 
three  Registrars  of  Election  from  each  election  district ;  three  Inspectors  of  Elec- 
tion from  each  election  district,  two  Justices  of  the  Peace,  two  Police  Justices  and 
such  School  Inspectors  as  are  now  or  may  hereafter  be  required  by  the  laws  of 
the  state  to  be  elected  at  such  election.  At  the  intermediate  city  election,  the  city 
shall  elect  two  Justices  of  the  Peace,  one  Police  Justice  and  such  School  Inspec- 
tors as  are  now  or  may  hereafter  be  required  by  the  laws  of  the  state  to  be  elected 
at  such  election.  At  the  intermediate  city  election  in  the  year  nineteen  hundred 
and  seventeen  and  every  twelfth  year  thereafter,  the  city  shall  elect  a  Recorder 
and  a  Judge  of  the  Recorder's  Court.  At  the  general  city  election  in  the  year 
nineteen  hundred  and  twenty-three  and  every  twelfth  year  thereafter,  the  city 
shall  elect  a  Recorder  and  a  Judge  of  the  Recorder's  Court. 

Terms  of  Elective  Officers: 

Sec.  2.  All  elective  officers  shall  hold  office  until  their  respective  successors 
shall  be  elected  and  qualify.  The  terms  of  office  of  all  elective  officers,  except 
Justices  of  the  Peace,  Police  Justices,  Recorder,  Judge  of  the  Recorder's  Court  and 
School  Inspectors  shall  begin  on  the  first  Tuesday  of  ]\Iay  following  their  election, 
as  herein  provided,  at  any  general  or  intermediate  city  election,  and  shall  be  for 
four  years,  except  as  herein  otherwise  provided.  The  terms  of  office  of  Justices 
of  the  Peace,  Police  Justices,  Recorder,  Judge  of  the  Recorder's  Court  and  School 
Inspectors  shall  begin  on  such  day  and  be  for  such  time  as  the  laws  of  the  state 
shall  determine.  But  no  officer-elect  shall  take  office  until  he  shall  have  given 
such  bond  as  may  be  required  and  until  he  shall  have  taken  the  con--titutional  oath 
for  affirmation)  of  office. 

Elective  Officers  Subject  to  Recall: 

Sec.  3.  On  the  petition  of  electors  residing  in  the  electoral  district  of  any 
elective  officer,  except  Justice  of  the  Peace,  Police  Justice,  Recorder,  or  Judge 
of  the  Recorder's  Court,  the  number  of  whom  shall  be  not  less  than  twenty-five 
per  centum  of  the  number  of  electors  voting  for  Mayor  in  that  electoral  district 
at  the  preceding  general  city  election,  such  elective  officer  shall  become  subject  to 
recall  at  a  special  election  as  herein  provided.  But  no  recall  petition  shall  be 
circulated  against  any  officer  until  he  shall  have  held  his  office  for  not  less  than 
one  hundred  and  eighty  days.  The  term  "electoral  district,''  as  used  herein,  shall 
be  understood  to  mean  the  city  in  the  case  of  a  city  officer,  the  ward  in  the  case 
of  a  ward  officer  and  an  election  district  in  the  case  of  an  election  district  officer. 

Requirements  of  Recall  Petition : 

Sec.  4.  The  recall  petition  herein  provided  shall  consist  of  sheets  having  such 
general  form  printed  or  written  at  the  top  thereof  as  shall  be  designated  or  pre- 
scribed by  the  City  Clerk  and  shall  set  forth  the  reason  or  reasons  for  the  recall 


42  CITY  CHARTER— CHAPTER  IV. 

therein  prayed  for.  The  petition  shall  be  signed  by  electors  qualified  to  sign  the 
same,  as  herein  provided,  in  their  own  proper  person  only,  to  which  shall  be 
attached  the  residence  address  of  each  signer.  To  each  petition  which  may 
consist  of  one  or  more  sheets  shall  be  attached  an  affidavit  of  the  circulator 
thereof  that  each  signature  thereon  is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be  and  that  to  the  best  knowledge  and  belief  of  the  affiant 
each  of  the  persons  signing  such  petition  was  at  the  time  of  signing  an  elector 
qualified  to  sign  the  same.  Such  circulator  shall  be  deemed  and  held  to  be  the 
legal  representative  of  each  petitioner  to  whose  signature  he  shall  have  sworn, 
as  shown  in  his  affidavit.  The  petition  so  verified  shall  be  prima  facie  evidence 
that  the  signatures  thereto  are  genuine  and  true,  and  that  the  persons  signing  the 
same  are  electors  qualified  to  sign  the  same. 

Determination  of  Sufficiency  of  Petition: 

Sec.  5.  The  recall  petition  herein  provided  shall  be  filed  with  the  Election 
Commission  at  the  office  of  the  City  Clerk,  and  shall  be  deemed  and  held  to  be 
sufficient  if  it  shall  appear  to  be  signed  by  the  requisite  number  of  signers,  which 
signers  shall  be  deemed  and  held  to  be  qualified  petitioners,  unless  a  protest  in 
writing,  under  oath,  shall  be  filed  with  the  Election  Commission  by  some  elector 
qualified  to  sign  the  petition  within  ten  days  after  such  petition  is  filed,  which 
protest  shall  set  forth  the  name  of  each  signer  protested  against  and  the  ground 
of  such  protest.  But  the  signers  so  protested  against  shall  be  deemed  qualified 
electors,  the  protest  to  the  contrary  notwithstanding,  unless  within  twentv  days 
after  filing  of  such  petition  the  protestant  shall  establish  to  the  satisfaction  of  the 
Election  Commission  that  the  signers  so  protested  against  are  not  at  the  time 
qualified  electors.  In  case  the  petition  shall  be  found  insufficient,  it  may  be  with- 
drawn by  the  person  or  persons  named  therein  as  representing  the  signers,  and 
may,  within  fifteen  days  thereafter  be  amended  and  refiled  as  an  original  petition. 

Recall  Election: 

Sec.  6.  Whenever  the  recall  petition,  as  herein  provided,  shall  be  found  suffi- 
cient, the  Election  Commission  shall  notify  the  officer  sought  to  be  recalled 
thereof.  If  the  officer  shall  offer  his  resignation,  it  shall  be  accepted  and  take 
effect  on  the  day  it  is  offered  and  the  vacancy  shall  be  filled  as  provided  herein. 
If  he  shall  not  resign  within  five  days  after  issuance  of  such  notice,  the  Election 
Commission  shall  within  twenty  days  call  a  special  election  to  be  held  in  his 
electoral  district  to  determine  whether  the  people  will  recall  such  officer.  On  the 
ballot  for  such  election  shall  be  printed  in  not  more  than  two  hundred  words,  the 
reason  for  demanding  the  recall  of  the  officer  as  set  forth  in  the  recall  petition 
and  in  not  more  than  two  hundred  words  the  officer's  justification  of  his  course 
in  office.  He  shall  continue  to  perform  the  duties  of  his  office  until  the  result  of 
such  special  election  shall  be  officially  declared.  Other  candidates  for  the  office 
may  be  nominated  to  be  voted  for  at  such  special  election  in  the  same  manner  as 
herein  provided  for  nomination  at  other  elections  and  the  officer  sought  to  be 
recalled  shall  be  deemed  a  candidate  unless  he  shall  have  resigned.  The  election 
shall  be  conducted  and  its  result  determined  as  in  the  case  of  any  other  city  elec- 
tion, and  the  person  who  shall  appear  to  be  elected  shall  take  office  for  the 
remainder  of  the  term  whether  it  be  the  person  against  whom  the  recall  petition 
was  filed  or  another.  .After  such  election  has  been  held  the  validity  of  the  recall 
petition  shall  not  be  questioned.  After  such  petition  and  special  election  no 
further  recall  petition  shall  be  filed  against  the  same  officer  during  the  term  for 
which  he  was  elected  unless  such   further  petitioners  shall  first  pay  to  the  city 


CITY  CHARTER— CHAPTER  IV.  43 

treasury  the  wliole  amount  of  the  city's  expense  in  the  preceding  special  election. 
Additional  legislation  to  aid  the  operation  of  this  section  may  be  provided  by 
ordinance  including  provisions  for  payment  out  of  the  city  treasury  of  the  rea- 
sonable special  election  campaign  expenses  of  such  officer. 

Inability  of  Elective  Officers: 

Sec.  7.  Whenever  there  shall  be  a  vacancy  in  the  office  of  Mayor,  or  he  shall 
be  unable  to  perform  the  duties  of  the  office,  the  presiding  officer  of  the  Common 
Council  shall  be  Acting  Mayor.  Such  Acting  Mayor  shall  be  vested  with  all  the 
powers,  and  shall  perform  all  the  duties  of  Mayor  until  the  vacancy  shall  be  filled, 
as  herein  provided,  or  the  Mayor  shall  resume  his  office.  Whenever  the  City 
Clerk  or  the  City  Treasurer  shall  be  unable  to  perform  the  duties  of  his  office,  the 
Deputy  City  Clerk  or  the  Deputy  City  Treasurer,  as  the  case  may  be,  shall,  during 
the  continuance  of  the  inability,  be  veste  1  with  all  the  powers  and  perform  all  the 
duties  of  the  office. 

Vacancy  in  Office  of  Mayor  or  Alderman : 

Sec.  8.  U'henever  a  vacancy  shall  occur  in  the  office  of  Mayor  or  Alderman 
more  than  six  months  before  the  next  general  city  election,  the  Common  Council 
shall  order  a  special  election  to  fill  the  vacancy  for  the  residue  of  the  official  term. 
If  such  vacancy  shall  occur  within  si.x  months  before  the  next  general  city  elec- 
tion, the  Common  Council  ma\'  order  a  special  election  to  fill  the  vacancy  for  the 
residue  of  the  official  term. 

Vacancy  in  Office  of  City  Clerk  or  City  Treasurer: 

Sec.  9.  Whenever  a  vacancy  shall  occur  in  the  office  of  City  Clerk  or  City 
Treasurer,  the  Deputy  City  Clerk  or  Deputy  City  Treasurer,  as  the  case  may  be, 
shall  be  vested  with  all  the  powers  and  perform  all  the  duties  of  the  office,  until 
the  next  general  city  election,  except  as  herein  otherwise  provided. 

Vacancy  in  Office  of  Registrar  or  Inspector : 

Sec.  10.  Whenever  there  shall  be  a  vacancy  in  any  Board  of  Registration  or 
any  Board  of  Inspectors,  or  the  person  elected  be  unable  to  perform  the  duties  of 
the  office,  the  Common  Council  may  appoint  a  suitable  person  to  perform  such 
duties  for  the  remainder  of  theterm  :  Provided,  that  if  such  vacancy  shall  exist 
on  the  day  of  the  next  general  or  special  election,  then  such  vacancy  may  be  filled 
for  the  time  being  by  the  electors  present,  by  viva  voce  vote,  at  the  opening  of 
the  polls.  If  any  of  the  inspectors  be  sick  or  absent  his  place  may,  in  like 
manner,  be  filled  for  the  time  being  upon  the  opening  of  the  polls  at  any  general 
or  special  election.  In  all  cases  of  filling  of  vacancy  or  vacancies  by  viva  voce 
vote,  the  chairman  or  any  member  of  the  board  appointed  l)y  the  board  for  that 
purpose,  when  the  time  for  opening  the  polls  has  arrived,  shall  announce  such 
opening  of  the  polls,  and  that  it  is  necessary  to  fill  such  vacancy.  Thereupon  the 
qualified  electors  present  may  proceed  to  nominate  and  elect  a  suitable  person  or 
persons  to  such  vacancy  or  vacancies,  and  the  person  or  persons  so  chosen  shall 
take  the  oath  of  office  which  either  of  the  inspectors  or  any  person  authorized  to 
administer  oaths,  may  administer,  and  he  shall  thereupon  take  his  seat  and  act  as 
a  member  of  the  board.  The  oath  of  office  shall  be  subscribed  by  the  person 
taking  the  same,  and  the  officer  administering  the  oath  shall  file  it  in  the  office  of 
the  City  Clerk  after  the  close  of  the  election.  Any  vacancy  occurring  in  the 
chairmanship  of  any  Board  of  Registration  l)y  death  or  removal  from  such  dis- 
trict. maA-  be  filled  bv  the  Common  Council. 


44  CITY  CHARTER— CHAPTER  IV. 

Compensation  of  Elective  Officers: 

Sec.  11.  Elective  officers  shall  receive  compensation  at  the  following  rates  per 
annum,  to-vvit : 

Mayor $8,000 

City  Clerk  5,000 

City  Treasurer  5,000 

Each   Alderman    2,500 

The  School  Inspectors,  Police  Justices,  Justices  of  the  Peace,  Judges  of 
the  Recorder's  Court  and  Constables  shall  receive  such  compensation  as  may 
be  provided  by  the  laws  of  the  state.  The  Registrars  of  Election  and  the 
Inspectors  of  Election  shall  receive  compensation  in  such  sum  or  sums  as  the 
Common  Council  may  allow.  The  City  Clerk  and  the  City  Treasurer  shall  receive 
such  additional  compensation  for  actual  service  as  members  of  the  Election  Com- 
mission and  of  the  Board  of  City  Canvassers  as  the  Common  Council  may  allow. 

Appointive  Officers: 

Sec.  12.  The  Mayor  shall  appoint  a  Controller,  Corporation  Counsel, 
three  Assessors,  the  heads  of  all  departments,  the  members  of  all  boards  and 
commissions,  except  as  herein  otherwise  provided,  and  such  other  officers  as 
the  Common  Council  may  at  any  time  by  ordinance  provide.  Provided,  that 
if  a  vacancy  shall  occur  in  any  office  the  appointment  to  which  is  vested  in 
the  Mayor  and  the  Mayor  fail  to  fill  such  office  by  appointment  within  thirty 
days  after  such  vacancy  shall  have  occurred,  the  Common  Council  mav  appoint 
such  officer. 

County  Supervisors : 

Sec.  13.  The  Mayor,  City  Clerk,  City  Treasurer,  Aldermen,  Controller, 
Corporation  Counsel,  Assessors,  Commissioner  of  Police,  Commissioner  of 
Public  Works,  Commissioner  of  Parks  and  Boulevards,  President  of  the  Pub- 
lic Lighting  Commission,  President  of  the  Fire  Commission,  President  of 
the  Water  Commission,  President  of  the  Street  Railway  Commission  and 
President  of  the  Poor  Commission  shall  be  vested  with  the  powers  and  duties 
of  Supervisors  as  provided  by  the  laws  of  the  state;  shall  attend  the  annual 
session  of  the  Board  of  Supervisors  of  the  County  of  Wayne  in  October  and 
all  other  sessions  thereof,  and  shall  represent  the  interests  of  the  city  in  the 
same.  Whenever  the  number  of  the  officers  enumerated  in  this  section  shall 
be  diminished  by  amendment  of  the  charter,  the  Mayor  shall  appoint  addi- 
tional Supervisors  sufficient  in  number,  together  with  the  officers  vested  with 
the  powers  and  duties  of  Supervisors,  to  maintain  the  representation  of  the 
city  in  the  Board  of  Supervisors  at  thirty-seven. 

Tenure  of  Appointive  Offices : 

Sec.  14.  Every  appointive  officer  shall  hold  office  during  and  be  removed 
at  the  pleasure  of  the  officer  in  whom  his  appointnient  is  vested ;  provided, 
that  any  officer  who  shall  have  been  appointed  by  the  Common  Council  to 
fill  a  vacancy  which  the  Mayor  shall  have  failed  to  fill  by  appointment,  as 
herein  provided,  shall  hold  office  during  the  pleasure  of  the  Mayor  as  fully 
as  if  ajipointed  by  him;  and  further  provided,  that  no  appointive  officer  shall 
take  office  until  he  shall  have  given  such  bond  as  maj'  be  required  and  until 
he  shall  have  taken  the  constitutional  oath  of  office.  The  terms  of  office  of 
all  appointive  officers,  unless  sooner  e.xpiring  as  herein  provided,  shall  expire 
on    the    first    Tuesday    of    .^^nv    following    the    general    citv    election;    but    anv 


CITY  CHARTER— CHAPTER  IV.  4& 

oflficer,  holding  office  at  the  expiration  of  the  term  of  office  of  the  officer 
appointing  him,  shall  continue  to  hold  office  until  his  successor  shall  be  appointed 
and  qualify. 

Compensation  of  Appointive  Officers : 

Sec.  15.  Appointive  officers  shall  recei\'e  compensation  at  the  following 
rates,  per  annum,  to-wit : 

Corporation    Counsel    $7,500.00 

Controller    5,000.00 

Commissioner  of  Police   5,000.00 

Commissioner  of   Public  Safety    4,000.00 

Commissioner  of   Public    Works    7,500.00 

Commissioner  of  Parks  and  Boulevards 5,000.00 

No  Art  Commissioner  shall  receive  compensation  for  any  duty  or  duties 
performed  by  him.  All  other  appointive  officers  shall  receive  such  compensa- 
tion as  the  Common  Council  may  allow  except  as  herein  otherwise  provided. 
The  Corporation  Counsel  shall  receive  such  additional  compensation  for  actual 
services  as  a  member  of  the  Election  Commission  and  Board  of  City  Canvassers 
as  the  Common  Council  may  allow. 

Increase  or  Diminution  of  Compensation: 

Sec.  16.  The  compensation  of  all  officers  shall  be  paid  during  service  in 
equal  semi-monthly  payments  for  service  rendered.  No  officer  shall  receive 
other  compensation  for  his  services  than  as  herein  provided. 

Residence  of  Officers: 

Sec.  17.  No  person  shall  be  elected  to,  or  shall  hold  any  elective  office  of 
the  City  of  Detroit  who,  at  the  time  of  his  election  and  as  long  as  he  shall 
hold  such  office,  shall  not  be  a  resident  citizen  and  elector  of  the  city;  and 
no  person  shall  be  elected  to,  or  shall  hold  such  office  for  any  ward  or  elec- 
tion (ii-strict  who.  at  the  time  of  his  election  and  so  long  as  he  shall  hold  such 
office  shall  not  be  a  resident  citizen  and  elector  of  the  ward  or  election  dis- 
trict from  and  for  which  he  may  be  elected.  Every  appointive  officer  who 
at  the  time  of  his  appointment  shall  not  be  a  resident  of  the  city  shall  within 
thirty  days  after  his  appointment  become  a  resident  of  the  city;  otherwise 
his  appointment  shall  become  null  and  void.  If  any  person  elected  or  appointed 
to  any  office  shall  cease  to  be  a  resident  of  the  city,  ward  or  election  district  for 
which  he  may  have  been  elected  or  appointed,  such  office  shall  thereby  be 
vacated. 

Election  or  Appointment  of  Defaulters: 

Sec.  18.  No  person  shall  be  elected  or  appointed  to  any  office  who  shall 
at  the  time  be  a  defaulter  to  the  city  or  to  any  board  thereof,  or  to  the  State 
of  Michigan,  or  to  any  county  or  municipality  thereof.  Any  person  shall  be 
considered  a  defaulter  who  has  refused  or  neglected,  or  may  hereafter  refuse 
or  neglect  for  thirty  days  after  lawful  demand  made,  to  account  for  and  pay 
over  to  the  party  authorized  to  receive  the  same,  any  public  money  or  prop- 
erty, which  has  come  into  his  possession.  If  any  person  holding  any  office 
becomes  a  defaulter  while  in  office,  such  office  shall  thereby  be  vacated.  If 
any  person  so  in  default  shall  be  elected  or  appointed  to  any  office,  his  elec- 
tion or  appointment  shall  be  void  and  of  no  effect,  and  the  office  shall  be 
vacant  and  subject  to  be  filled  at  once,  in  the  same  manner  as  if  no  election 
or  appointment  thereto  had  ever  been  made. 


46  CITY  CHARTER— CHAPTER  IV. 

Ability  to  Read  and  Write  English : 

Sec.  19.  No  person  shall  be  elected  or  appointed  to  any  office  unless  he 
shall  be  able  to  read  and  write  the  English  language,  and  if  any  person  be 
elected  or  appointed  who  cannot  read  and  write  the  English  language,  the 
appointment  or  election  shall  be  void. 

Vacation  of  Appointive  Office  by  Candidacy : 

Sec.  20.  No  appointive  officer  shall,  during  the  occupancy  of  his  office, 
become  a  candidate  for  or  hold  any  other  office  or  emolument,  except  that  of 
Notary  Public.  Any  appointive  officer  shall  be  deemed  ti;i  have  resigned  such 
office  whenever  he  shall  be  nominated  for  any  elective  office,  unless  he  shall, 
within  ten  days  after  his  nomination  to  such  elective  office,  publicly  decline. 
to  accept  such  nomination  and  shall  file  such  declination  with  the  City  Clerk. 

Interest  in  Public  Contract: 

Sec.  21.  No  person  interested,  directly  or  indirectly,  in  any  contract  or 
agreement  to  which  the  City  of  Detroit  shall  be  a  party  in  interest,  or  to 
which  any  oflicer,  board  or  commission  of  said  city  shall  officially  be  a  party, 
for  the  performance  of  any  public  work  whatever,  or  for  the  purchase 
or  sale  of  any  commodity  to  or  by  the  city,  shall  be  elected  or  appointed  to 
any  office;  and  if  any  person  so  interested  shall  be  elected  or  appointed  to 
office,  his  election  or  appointment  shall  be  void  and  his  office  shall  be  deemed 
vacant. 

Penalty  for  Interest  in  Contract: 

Sec.  22.  If  any  officer,  after  his  election  or  appointment,  or  while  in  office, 
shall  become  interested  directly  or  indirectly  in  any  contract  or  agreement 
to  which  the  city  shall  be  a  party  in  interest,  or  to  which  any  officer  or  board 
^hall  officially  be. a  party,  or  in*  any  subject  or  proceeding  pending  before  the 
Common  Council,  which  might  result  in  any  gain  or  benefit  to  himself,  he  shall 
be  removed  from  office  and  his  office  declared  vacant  by  the  Common  Council. 
He  shall  be  deemed  guilty  of  direct  and  wilful  malfeasance  in  office,  and  shall 
be  prosecuted  therefor,  and  upon  conviction  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars  or  imprisonment  not  exceediiig  90  days,  or 
by  fine  and  imprisonment  at  the  discretion  of  the  court. 

Notice  of  Appointments : 

Sec.  23.  Whenever  the  Mayor  shall  make  any  appointment,  he  shall  com- 
municate the  name  of  the  appointee  to  the  Common  Council  at  its  next  regu- 
lar session.  He  shall  also  transmit  to  the  Common  Council  the  acceptance 
of  such  appointment,  properly  signed  by  the  appointee,  not  later  than  the 
regular  session  next  following  the  date  at  which  the  appointment  shall  have 
been  reported. 

Notice  of  Election  or  Appointment : 

Sec.  24.  The  City  Clerk  shall  cause  every  officer  whether  elected  or  appointed. 
as  soon  as  practicable  after  his  election  or  appointment,  to  be  served 
with  a  written  notice  thereof  and  of  the  amount  of  his  official  bond;  and  if 
such  officer  shall  neglect  to  take  and  subscribe  his  oath  of  office,  or  to  file  his 
required  official  bond  within  the  time  herein  prescribed  therefor,  or  if  any 
officer  required  to  execute  and  file  a  new  official  bond,  as  provided  herein, 
shall  not  comply  with  such  requirement  within  ten  days  after  notice  thereof 
from  the  City  Clerk,  the  City  Clerk  shall  notify  the  Common  Council  of  such 


CITY   CHARTER— CHAPTER    IV.  '47 

delinquency  and  the  Common   Council  may   declare  the  office   in  such  case 
vacant,  and  such  vacancy  may  be  filled  as  herein  provided. 

Oath  of  Office : 

Sec.  25.  Every  officer  elected  or  appointed,  before  entering  upon  the 
duties  of  his  office  shall  take  and  subscribe  the  oath  of  office  prescribed  by 
the  Constitution  of  the  State  of  Michigan  and  by  this  charter  and  the  same 
shall  be  filed  in  the  office  of  the  City  Clerk. 

Bonds: 

Sec.  26.  Elective  and  appointive  officers  shall  give  bonds  to  the  city 
before  entering  upon  the  duties  of  their  positions,  and  at  such  other  times  as 
nia\  be  required  by  the  Common  Council,  in  such  sum  and  with  such  condi- 
tions as  the  Common  Council  may  direct,  which  bonds  shall  be  approved  by 
the  Common  Council  and  filed  with  the  City  Clerk. 

All  Fees  Payable  to  City: 

Sec.  27.  All  such  fees  or  charges  as  are,  or  may  be,  by  the  charter  or  ordi- 
nances, made  chargeable  or  collectible  by  any  officer,  board  or  commission 
shall  belong  to  the  City  of  Detroit,  shall  be  paid  over  to  the  City  Treasurer 
by  such  officer,  board  or  commission,  and  a  receipt  therefor  taken  in  the 
same  manner  as  is  provided  for  all  other  collections  and  payments  to  or  for 
the  City  of  Detroit.  Such  officer,  board  or  commission  shall  make  a  written 
report  to  the  Controller,  under  oath,  of  all  such  fees  and  charges  so  collected 
and  deposited,  together  with  the  receipt  from  the  City  Treasurer  for  the 
same,  in  the  same  manner  as  is  provided  for  similar  reports. 

Mayor:   Powers  and  Duties: 

Sec.  28.  The  Mayor  shall  be  the  chief  executive  officer  of  the  city  and  con- 
servator of  its  peace.  He  shall  keep  an  office  in  some  convenient  place,  which 
the  Common  Council  shall  provide ;  he  shall  see  that  all  appointive  officers 
faithfull}-  comply  with  and  discharge  their  official  duties;  and  that  all  laws 
pertaining  to  the  city  government  and  all  ordinances  and  resolutions  of  the 
Common  Council  be  faithfully  observed  and  executed;  he  shall  have  power 
in  his  discretion  to  report  to  the  Common  Council  any  violations  thereof; 
and  he  shall  have  such  other  powers  as  are  herein  specified  or  may  be  neces- 
sary for  the  proper  discharge  of  his  duties.  He  shall,  from  time  to  time, 
give  the  Common  Council  such  information  and  recommend  such  measures 
as  he  shall  deem  necessary  or  expedient. 

Revocation  of  License  by  Mayor: 

Sec.  29.  The  Mayor  may  issue  process  and  hear,  in  a  summary  way,  any 
complaint  against  any  person  to  whom  a  license  of  any  description  has  been 
granted  hereunder,  for  any  violation  of  the  laws  of  the  state  or  the  ordinances 
of  the  city.  He  may  issue  subpoenas  and  compel  the  attendance  of  witnesses 
on  the  hearing  of  such  complaint,  in  the  same  manner  as  Justices  of  the  Peace 
in  the  trial  of  civil  cases,  and  on  such  hearing  may  annul  such  license,  or 
suspend  it  for  any  certain  time.  Every  determination  on  such  complaint 
shall  be  forthwith  filed  with  the  City  Clerk  who  shall  serve  a  certified  copy 
thereof  on  the  person  holding  a  license  afifected  by  such  determination,  either 
personally  or  by  leaving  the  same  at  his  or  her  usual  place  of  abode,  and  from 


48.  CITY   CHARTER— CHAPTER    IV. 

the  time  of  such  service  such  license  shall  be  annulled  or  suspended  accord- 
ing to  the  tenor  of  such  determination. 

Alderman  May  Be  Notary  Public: 

Sec.  30.  No  Alderman  shall  hold  any  other  public  office,  except  as  may 
be  herein  provided,  or  any  other  legislative  office,  or  any  other  civil  office 
except  that  of  Notary  Public. 

Penalty  for  Aldermanic  Corruption: 

Sec-  31.  If  any  person  shall  offer,  directly  or  indirectly,  to  an  Alderman, 
or  if  any  Alderman  shall  directly  or  indirectly  accept,  or  agree  to  accept,  any 
money,  goods  or  chattels,  or  any  bank  note,  bank  bill,  bond,  promissory  note, 
due  bill,  bill  of  exchange,  draft,  order  or  certificate,  or  any  security  for  the 
payment  of  money  or  goods  and  chattels,  or  any  deed  or  writing  containing 
a  conveyance  of  land,  or  containing  a  transfer  of  any  interest  in  real  estate, 
or  any  valuable  contract,  in  force,  or  any  other  property  or  reward  whatso- 
ever, in  consideration  that  such  Alderman  will  vote  affirmatively  or  nega- 
tively, or  that  he  will  not  vote,  or  that  he  will  use  his  interest  or  influence  on 
any  question,  ordinance,  resolution,  or  other  matter  or  proceeding  pending 
before  the  Common  Council,  he  shall  be  remoji^ed  from  office,  and  his  office  de- 
clared vacant  by  the  Common  Council,  and  both  he  and  the  person  making 
such  offer,  as  aforesaid,  shall  be  deemed  guilty  of  misdemeanor,  and  may  be 
prosecuted  therefor,  and  on  conviction  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars,  or  imprisonment  not  exceeding  90  days,  or  both,  at 
the  discretion  of  the  court. 

Additional  Powers  of  Officers: 

Sec.  32.  In  addition  to  the  rights,  powers,  duties  and  liabilities  of  officers 
herein  prescribed,  all  elective  and  appointive  officers  shall  have  such  other 
rights,  powers,  duties  and  liabilities,  subject  to  and  consistent  with  the  pro- 
visions of  the  charter,  as  the  Common  Council  may  deem  expedient  and  shall 
prescribe  by  ordinance  or  resolution. 

Power  to  Administer  Oaths: 

Sec.  33.  The  Mayor,  Recorder,  Aldermen,  City  Clerk,  Controller,  Clerk 
and  Deputy  Clerk  of  the  Recorder's  Court  are  hereby  authorized  generally 
to  administer  oaths  and  to  take  affidavits,  but  none  of  them  shall  receive  any 
fees  therefore  except  the  Clerks.  The  Controller  shall  have  the  power  to 
take  acknowledgments  of  deeds  under  the  laws  of  this  state. 

Definition  of  the  Term  "Officer": 

Sec.  34.  The  term  "officer,"  wherever  used  herein,  shall  be  understood  to 
apply  only  to  one  who  holds  an  elective  office,  or  to  one  whose  appointment 
is  vested  in  the  Mayor. 


CITY  CHARTER— CHAPTER  V.  49 


CHAPTER  V. 

THE  COMMON  COUNCIL 

Legislative  Power  Vested  in  Common  Council: 

Sec.  1.  The  legislative  power  of  the  City  of  Detroit  shall  be  vested  in  a 
legislative  body  to  be  known  as  the  Common  Council  of  the  City  of  Detroit, 
except  as  herein  otherwise  provided. 

Composition  of  Common  Council : 

•  Sec.  2.  The  Aldermen  shall  constitute  the  Common  Council  and  a  ma- 
jority of  the  members  shall  be  a  quorum  for  the  transaction  of  business;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  upon  a  call  of  the  Com- 
mon Council  by  any  member  thereof,  if  supported  by  a  majority  of  the  mem- 
bers present,  whether  a  quorum  or  not,  the  President  shall  have  power  to 
send  any  member  of  the  police  force  to  bring  the  absent  Aldermen  forthwith 
before  the  Common  Council. 

Ex-Officio  Members  of  Common  Council: 

Sec.  3.  The  following  officers  shall  be  ex-officio  members  of  the  Common 
Council  during  the  period  it  shall  have  under  consideration  the  annual  esti- 
mates, to-wit:  the  Controller,  Corporation  Counsel,  President  of  the  Board 
of  Education,  President  of  the  Detroit  Library  Commission,  President  of  the 
Board  of  Health,  and  the  heads  of  all  other  departments;  provided,  that  any 
department  head  may  delegate  a  member  or  officer  to  represent  his  depart- 
ment. They  shall  participate  in  its  deliberations  on  the  estimates,  but  shall 
not  have  the  right  to  vote. 

Organization  of  Common  Council: 

Sec.  4.  The  Common  Council  shall  convene  on  the  first  Tuesday  in  May 
next  after  the  general  city  election.  The  City  Clerk  shall  preside  at  this 
meeting  and  until  a  President  of  the  Common  Council  shall  be  elected  by 
the  Council  from  its  own  members ;  and  until  such  election  no  other  business 
shall  be  transacted.  The  City  Clerk  shall  administer  the  oath  of  ofifice  to 
the  Aldermen-elect  and  shall  act  as  the  Clerk  of  the  Common  Council.  The 
Common  Council  shall  be  the  judge  of  the  qualifications,  elections  and  returns 
of  its  own  members,  shall  have  power  to  determine  contested  elections  to 
the  Common  Council,  expel  or  remove  any  Alderman  from  office  by  a  two- 
thirds  vote  of  its  members,  choose  its  own  officers,  except  clerk,  determine 
the  rules  of  its  proceedings,  pass  and  enforce  all  by-laws  and  rules  necessary 
and  convenient  for  the  transaction  of  business  and  not  inconsistent  with  the 
provisions  of  this  charter,  and  keep  a  journal.  Upon  the  demand  of  one- 
fourth  of  the  members  present,  the  ayes  and  nays  shall  be  taken  on  any 
question  and  entered  on  the  record. 

Mayor's  Annual  Message: 

Sec.  5.  Immediately  after  completing  its  organization  at  its  session  on 
the  first  Tuesday  in  IVIay  after  the  general  city  election  and  at  its  session  on 


50  CITY  CHARTER— CHAPTER  V. 

the  first  Tuesday  in  May  in  each  and  every  other  year,  and  before  it  shall 
proceed  to  any  other  business,  the  Common  Council  shall  receive  the  annual 
message  of  the  Mayor. 

Regular  Sessions: 

Sec.  6.  The  Common  Council  shall  hold  at  least  one  regular  session  each 
week,  at  such  times  and  places  as  they  shall  by  ordinance  or  resolution  direct. 
They  may  adjourn  regular  sessions  from  time  to  time;  but  in  no  case  shall 
an  adjourned  session  be  deemed  for  any  purpose  another  regular  session. 

Special  Sessions: 

Sec.  7.  Special  sessions  of  the  Common  Council  may  be  called  at  any  time 
by  the  Mayor,  or,  upon  the  written  request  of  one-third  of  the  Aldermen,  by 
the  presiding  officer  of  the  Common  Council,  or,  in  case  of  his  refusal,  by 
the  City  Clerk.  The  proceedings  of  any  special  session  shall  be  limited  to 
the  objects  set  forth  in  the  call  thereof.  Special  sessions  may  be  adjourned 
from  time  to  time  in  order  to  dispose  of  the  business  which  they  are  called 
to  consider ;  but  no  such  session  shall  be  adjourned  to  later  than  the  next 
regular  session  of  the  Common  Council. 

Publicity  of  Proceedings: 

Sec.  8.  All  sessions  of  the  Common  Council  shall  be  public,  and  the  pro- 
ceedings and  records  thereof  shall  be  open  to  public  inspection  at  reasonable 
times. 

General  Powers: 

Sec.  9.  The  Common  Council  shall,  by  ordinance,  resolution  or  other  pro- 
ceeding, put  into  effect  all  the  provisions  of  this  charter.  The  Common  Coun- 
cil shall  also  have  all  such  other  powers,  not  inconsistent  with  this  charter  or 
the  constitution  and  laws  of  the  state,  as  may  be  necessary,  to  provide,  by 
ordinance,  resolution  or  other  proceeding,  for  the  management  and  control  of 
the  municipal  property,  the  administration  of  the  municipal  government  and  the 
advancement  of  the  interests,  good  government  and  prosperity  of  the  city 
and  its  inhabitants.  The  Common  Council  shall  have  power  to  control 
and  regulate  the  service  of  and  charges  made  by  any  public  service 
corporation  and  may  create  a  bureau  to  receive  and  act  upon 
any  complaint  made  to  it,  which  bureau  shall  make  recommendations 
to  the  Common  Council  respecting  the  regulation  of  service  of  and 
charges  made  by  any  public  service  corporation  and  the  Common  Council 
shall  make  the  necessary  appropriation  to  support  said  bureau.  The  enumera- 
tion herein  of  specific  powers  of  the  Common  Council  is  not  a  denial  of  other 
powers  which  it  may  properly  exercise. 

Enforcement  of  Ordinances,  Etc.: 

Sec.  10.  The  Common  Council  shall  have  power  to  enforce  every  ordi- 
nance, resolution  or  other  proceeding  by  all  appropriate  means,  and  to  pro- 
vide for  the  punishment  of  any  violation  or  infraction  thereof;  Provided 
that  no  punishment  shall  exceed  a  fine  of  five  hundred  dollars,  or  imprison- 
ment for  90  days,  or  both,  in  the  discretion  of  the  court. 


CITY  CHARTER— CHAPTER  V.  51 

Requirements  of  Ordinances,  Etc. : 

Sec.  11.  The  style  of  all  ordinances  sliall  be:  "It  is  hereby  ordained  by 
the  People  of  the  City  of  Detroit."  No  ordinance  shall  deal  with  more  than 
one  subject.  No  ordinance  shall  be  revised,  altered  or  amended  by  reference 
to  its  title  only;  but  the  section  or  sections  of  the  ordinance,  altered  or 
amended,  shall  be  re-enacted  and  published  at  length.  No  ordinance,  resolu- 
tion or  other  proceeding  of  the  Common  Council  which  shall  impose  taxes  or 
assessments,  or  recjuire  the  payment,  expenditure,  or  disposal  of  money  or 
property,  or  create  a  debt  or  a  liability  therefor,  and  no  other  ordinance  shall 
be  passed  at  the  same  meeting  at  which  it  shall  have  been  introduced,  unless 
by  unanimous  consent,  or  at  a  special  meeting  called  therefor.  Every  such 
ordinance,  resolution  or  other  proceeding  shall  be  passed  by  ayes  and  nays, 
to  be  entered  on  the  record. 

Mayor's  Veto : 

Sec.  12.  Every  ordinance  and  such  resolution  or  other  proceeding  of  the 
Common  Council  as  shall  impose  taxes  or  assessments  or  originate  the  expen- 
diture or  disposal  of  money  or  property  or  whereby  the  city  or  any  depart- 
ment except  the  Department  of  Street  Railways  may  incur  any  debt  or  liabil- 
ity, shall,  before  taking  effect,  be  presented  to  the  Mayor  by  the  City  Clerk, 
who  shall,  at  the  time  of  presenting  the  same,  make  a  certificate  to  be 
endorsed  thereon,  or  attached  thereto,  in  which  he  shall  specify  the  day  on 
which  the  same  was  so  presented;  and  such  certificate  shall  be  recorded  with 
the  proceedings  of  the  Common  Council.  If  the  Mayor  approve  thereof,  he 
shall  write  thereupon  his  approval,  with  the  date  thereof,  and  sign  the  same, 
and  thereupon  such  ordinance,  resolution  or  other  proceeding  shall  go  into 
effect,  except  as  herein  otherwise  provided.  Such  as  he  shall  not  so  approve 
and  sign,  he  shall  return  to  the  Common  Council,  with  his  objections  thereto 
in  writing  under  cover,  sealed  and  addressed  to  the  Common  Council.  If 
the  Mayor  shall  neglect  to  approve  such  ordinance,  resolution  or  other  pro- 
ceeding, or  return  it,  with  his  objections,  to  the  Common  Council,  as  herein 
provided  within  six  days  after  the  same  shall  have  been  presented  to  him  by 
the  City  Clerk,  the  same  shall  go  into  effect,  except  as  iierein  otherwise  pro- 
vided. If  the  Mayor  shall  return  it  with  his  objections  to  the  Common  Coun- 
cil, as  herein  provided,  it  shall  proceed  to  reconsider  the  vote  by  which  the 
same  was  passed  and  adopted;  and  if,  after  such  reconsideration,  two-thirds 
of  all  the  members  shall  agree  by  ayes  and  nays,  which  shall  be  entered  of 
record,  to  pass  or  adopt  the  same,  it  shall  go  into  effect,  except  as  herein 
otherwise  provided. 

Printed  Journal  of  Proceedings : 

Sec.  13.  All  ordinances,  resolutions  and  other  written  proceedings  of  the 
Common  Council  sh,all  be  deposited  in  the  offfce  of  the  City  Clerk,  who  shall 
safely  keep  the  same.  The  City  Clerk  shall  cause  a  journal  record  of  the 
proceedings  of  the  Common  Council  to  be  printed  on  good  book  paper,  which 
i-ecord  shall  be  signed  by  him  and  the  President.  Such  printed  record  shall 
be  preserved  by  the  City  Clerk  as  the  official  record  of  the  proceedings  of  the 
Common  Council,  and  no  further  record  thereof  shall  be  required  to  be  kept. 
At  fhe  close  of  each  year  the  City  Clerk  shall  cause  the  printed  record  to  be 
substantially  bound  in  one  or  more  volumes.  The  City  Clerk  shall  certify, 
under  his  hand  and  the  seal  of  the  city,  on  the  frontispiece  of  the  volume, 
that  the  volume  contains  the  whole  of  the  proceedings  of  the  Common  Council 


52  CITY  CHARTER— CHAPTER  V. 

purporting  to  be  contained  therein.  The  printed  copy  of  such  Common 
Council  proceedings,  published  under  the  authority  of  the  Common  Council, 
shall  be  admitted  as  sufficient  evidence  thereof  in  all  courts  and  in  all  pro- 
ceedings within  the  state. 

Publication  of  Proceedings: 

Sec.  14.  Such  part  of  the  proceedings  of  the  Common  Council  as  the 
Council  may  deem  advisable  and  direct,  shall  be  published  in  the  English 
language,  in  all  editions  of  one  evening  newspaper  and  such  official  and  other 
publications  as  the  Common  Council  may  direct;  and  the  proceedings,  or  any 
part  thereof  may  be  published  in  such  other  form  as  the  Common  Council 
may  by  resolution  direct.  All  ordinances  shall  be  published  for  three  suc- 
cessive times  in  the  official  publication. 

Time  of  Taking  Effect : 

Sec.  15.  All  ordinances  shall  take  effect  in  ninety  days  after  their  enact- 
ment, except  as  herein  otherwise  provided;  but  the  Common  Council  may  fix 
and  prescribe  therein  a  diflFerent  period;  Provided  that  no  ordinance  shall  take 
effect  before  one  publication  in  the  official  publication  ;  and  provided  further 
that  all  ordinances  shall  be  subject  to  referendum,  as  herein  provided,  for 
ninety  days  after  their  enactment. 

Referendum  of  Ordinances : 

Sec.  16.  The  Comm^jn  Council  shall  refer  to  the  electors  any  ordinances  or 
resolutions  authorizing  the  issue  of  bonds  for  the  purpose  of  acquiring  any 
public  utility  for  supplyii;g  water,  light,  heat,  power  and  transportation ;  but 
no  such  ordinances  or  resolutions  shall  take  effect  unless  approved  b}'  an 
affirmative  vote  of  three-fifths  of  the  electors  voting  thereon;  and  women  tax- 
payers having  the  qtialifications  of  male  electors  shall  be  entitled  to  vote 
thereon.  The  Common  Council  may  also  refer  any  other  ordinance  to  the 
electors  for  approval;  but  when  so  referred,  no  such  ordinances  or  resolutions 
shall  take  efifect  unless  approved  by  a  majority  of  the  electors  voting  thereon. 
Any  ordinance  which  the  Common  Council  shall  not  have  referred,  or  any  one 
or  more  sections,  items  or  parts  thereof,  shall,  on  petition,  as  herein  provided, 
be  referred  to  the  electors  for  approval ;  Provided  that  such  petition  shall  have 
been  filed  within  ninety  days  after  the  enactment  of  such  ordinance  or  reso- 
lution. The  filing  of  such  petition  against  any  ordinance,  not  at  the  time  in 
effect,  or  any  one  or  more  sections,  items  or  parts  thereof,  shall  operate  to 
suspend  the  taking  eft'ect  of  the  ordinance  or  that  portion  thereof  against 
which  the  petition  shall  have  been  filed  ;  and  such  suspension  shall  become 
permanent  unless  a  majority  of  the  electors  voting  thereon  shall  approve  of 
the  ordinance  or  portion  thereof  so  referred ;  but  the  filing  of  such  petition 
shall  not  suspend  any  ordinance  or  portion  thereof  against  which  it  shall  not 
have  been  filed.  \\'hen  such  petition  shall  have  been  filed  against  an  ordinance 
at  the  time  in  effect,  or  any  portion  thereof,  the  filing  of  such  petition  shall 
not  suspend  the  operation  thereof,  unless  and  until  the  ordinance  or  portion 
thereof  against  which  the  petition  shall  have  been  filed  shall  have  been 
rejected  by  a  majority  of  tlie  electors  voting  thereon.  Such  rejection  shall 
operate  to  repeal  the  ordinance  or  portion  thereof  voted  on ;  but  such  vote 
shall  not  repeal  any  portion  not  voted  on,  or  suspend  its  operation.  But  the 
approval  of  an  ordinance  or  any  portion  thereof  in  a  referendum  election  shall 
not  be  construed  to  prohibit  the  Common  Council  from  repealing  or  amending 
the  same  at  any  future  time  in  its  discretion. 


CITY  CHARTER— CHAPTER  V.  53 

Requirements  of  Referendum  Petition: 

^ec.  17.  Any  elector  ma)-  petition  for  a  referendum  to  the  electors  of  any 
ordinance  as  a  whole,  or  of  any  one  or  more  sections,  items  or  parts  thereof ; 
but  no  such  ordinance  or  portion  thereof  shall  be  referred,  unless  a  petition 
praying  for  such  referendum  shall  have  been  signed  by  electors  the  number 
of  whom  shall  be  not  less  than  five  per  cent  of  the  number  of  electors  voting 
for  Mayor  at  the  last  preceding  general  city  election,  and  shall  have  been  filed 
with  the  City  Clerk  within  ninety  days  after  the  enactment  of  such  ordinance 
or  portion  thereof.  The  petition  shall  consist  of  one  or  more  sheets  of  paper 
having  such  general  form  printed  or  written  at  the  top  thereof  as  the  City 
Clerk  shall  designate  or  prescribe.  It  shall  be  signed  by  electors  in  their  own 
proper  person  only,  to  which  signatures  shall  be  attached  the  affidavit  of  the 
circulator  thereof  that  each  signature  thereto  is  the  signature  of  the  person  it 
purports  to  be  and  that  to  the  best  knowledge  and  belief  of  the  affiant  each 
of  the  persons  signing  is  a  qualified  elector  of  the  City  of  Detroit.  The  peti- 
tion so  verified  shall  be  prima  facie  evidence  that  the  signatures  thereto  are 
genuine  and  true,  and  tliat  the  persons  signing  the  same  are  qualified  electors. 

Initiative  Procedure : 

Sec.  18.  Any  elector  may  by  initiative  petition  propose  any  ordinance, 
resolution  or  amendment  to  or  repeal  of  any  existing  ordinance,  which  ordi- 
nance or  resolution,  amendment  or  repeal  the  Common  Council  may  properly 
enact ;  but  no  ordinance,  amendment  or  repeal,  so  proposed,  shall  be  submitted 
to  the  electors  for  adoption  or  rejection  unless  the  petition  praying  for  such 
submission  shall  have  been  signed  by  electors  the  number  of  whom  shall  be 
not  less  than  five  per  cent  of  the  number  of  electors  voting  for  Mayor  at  the 
last  preceding  general  city  election,  and  shall  have  been  filed  with  the  City 
Clerk.  The  petition  shall  in  all  essentials  conform  to  the  requirements  of 
the  referendum  petition,  herein  set  forth,  and  shall  include  the  full  text  of  the 
ordinance,  resolution  or  amendment  proposed,  or  of  the  existing  ordinance, 
resolution  or  portion  thereof  proposed  to  be  repealed.  On  receipt  of  any 
initiative  petition  which  shall  have  conformed  to  the  requirements  herein  set 
forth,  the  City  Clerk  shall  transmit  the  same  to  the  Common  Council  at  its 
ne.xt  regular  meeting.  The  ordinance,  resolution,  amendment,  or  repeal  prayed 
for  shall  take  precedence  of  all  regular  business  and  shall  be  considered  by 
the  Common  Council  at  least  two  consecutive  regular  sessions.  The  Common 
Council  may  deal  with  it  as  any  other  legislative  matter  proposed  by  its  own 
members ;  but  if  the  Common  Council  shall  not  within  thirty  days  after  the 
filing  of  the  petition  enact  without  change  the  ordinance,  resolution,  amend- 
ment or  repeal  proposed  therein,  the  same  shall  be  submitted  to  the  electors 
for  adoption  or  rejection.  Whenever  such  proposed  ordinance,  resolution, 
amendment  or  repeal  shall  be  adopted  by  a  majority  of  the  electors  \'oting 
thereon,  it  shall  have  and  be  of  the  same  efifect  as  if  adopted  and  enacted  by 
the  Common  Council ;  but  the  adoption  of  any  ordinance,  resolution,  amend- 
ment or  repeal  proposed  by  initiative  petition  shall  not  be  construed  to  pro- 
hibit the  Common  Council  from  altering,  amending  or  repealing  the  same  at 
any  future  time  in  its  discretion. 

Initiative  and  Referendum  Elections: 

Sec.  19.  Whene\er  any  referendum  petition  shall  have  been  filed  with  the 
City  Clerk,  and  whenever  the  Common  Council  shall  have  failed  to  enact 
without  change  within  thirtv  davs  anv  ordinance,  resolution,  amendment  or 


54  CITY  CHARTER— CHAPTER  V. 

repeal  prayed  for  in  an  initiative  petition,  the  City  Clerk  shall  submit  all  such 
ordinances,  resolutions  or  sections,  items  or  parts  thereof,  against  which  any 
referendum  petition  shall  have  been  filed,  and  all  such  ordinances,  resolutions, 
amendments  or  repeals,  proposed  in  any  initiative  petition,  at  the  next  regular 
city  election  to  the  electors  for  approval  or  rejection;  or  the  Common  Council 
may  order  a  special  election  for  the  same ;  but  no  such  matters  shall  be  sub- 
mitted at  any  election  within  thirty  days  after  either  the  filing  of  sucli  refer- 
endum petition  or  after  the  failure  of  the  Common  Council  to  enact  without 
change  and  within  the  thirty  days  herein  provided  any  such  matter  proposed 
by  initiative  petition.  When  submitting  any  such  matters  to  the  electors  at 
a  regular  or  special  election,  the  submission  shall  be  substantially  in  the  same 
form  as  in  the  case  of  the  submission  of  charter  amendments,  as  herein  pro- 
vided. Whenever  any  matter  so  submitted  shall  prevail,  it  shall  take  effect 
thirty  days  after  the  election  at  which  it  shall  have  been  approved  by  a 
majority  of  the  electors  voting  thereon;  and  thereafter  the  validity  of  anv  j^eti- 
tion  praying  for  such  submission  shall  not  be  questioned.  If  two  or  more 
conflicting  ordinances,  resolutions,  amendments  or  repeals  submitted  at  the 
same  election  shall  each  be  approved  by  a  majority  of  the  electors  voting 
thereon,  the  one  receiving  the  greatest  number  of  affirmative  votes  shall  alone 
prevail  and  become  operative  as  the  valid  enactment  of  the  electors. 

Control  of  Finances  and  Property: 

Sec.  20.  The  Common  Council  shall  have  the  general  management  and 
control  of  the  finances,  and  all  the  property,  real,  personal  and  mixed,  belong- 
ing to  the  city,  whether  lying  within  or  beyond  the  limits  thereof,  shall  make 
all  necessary  regulations  for  preserving  and  protecting  the  same  from  destruc- 
tion, decay,  or  injury,  and  for  the  use  and  management  thereof,  and  may  by 
ordinance,  resolution  or  other  proceeding,  require  that  any  person,  firm  or 
corporation  using  or  desiring  to  use  for  public  utility  purposes  any  street, 
alley,  boulevard  or  other  public  property  or  the  undergrotmd  or  overhead 
thereof,  shall  before  such  use  or  continuance  in  such  use,  pay  not  less  than 
such  living  wage  to  all  of  his  or  its  employes  as  the  Common  Council  may 
determine,  and  require  not  more  than  an  eight  hour  service  day  and  a  forty- 
eight  hour  service  week  from  his  or  its  employes.  The  Common  Council  shall 
also  have  full  power  to  lease,  sell,  convey,  transfer,  and  dispose  of  the  same 
absolutely,  except  as  herein  otherwise  provided ;  Provided  that  it  shall  not 
sell  any  property  of  a  value  in  excess  of  ten  cents  per  capita  of  the  population 
of  the  city  according  to  the  last  preceding  United  States  census,  or  any  park, 
cemetery,  or  any  real  estate  used  in  carrying  on  a  public  utility,  or  any  part 
thereof,  or  any  property  bordering  on  a  water  front,  or  vacate  an}-  street  or 
public  place  leading  to  a  water  front,  or  engage  in  any  business  enterprise 
requiring  an  investment  of  money  in  excess  of  ten  cents  per  capita  of  the  popu- 
lation of  the  city,  according  to  the  last  preceding  United  States  census,  or 
authorize  any  issue  of  bonds  except  special  assessment  bonds,  refunding  bonds 
and  emergency  bonds  as  herein  provided  and  bonds  that  it  is  annually  author- 
ized to  issue,  unless  and  until  such  sale,  vacation,  engagement  in  business  enter- 
prise, or  issue  of  bonds  shall  have  been  approved  by  three-fifths  of  the  electors 
voting  thereon  at  any  general  or  special  election. 

Detroit  Museum  of  Art: 

Sec.  21.  The  Common  Council  shall  annually  appropriate  for  the  support 
of  the  Detroit  Aluseum  of  Art  a  sum  equal  to  one-fiftieth  of  one  per  cent  of 


CITY  CHARTER— CHAPTER  V.  55 

the  assessed  value  of  all  real  and  personal  property  in  the  city  assessed  for 
city  purposes ;  Provided  that  whenever  in  any  year  such  sum  shall  exceed 
one  hundred  thousand  dollars,  the  Common  Council  shall  appropriate  for 
such  purposes  in  that  year  one  hundred  thousand  dollars  and  no  more ;  and 
provided  further  that  such  appropriation  shall  be  made  on  the  express  condi- 
tion that  admittance  to  the  Museum  of  Art  shall  be  free  to  the  public  at  all 
times,  subject  to  such  reasonable  regulations  as  to  hours  and  days  as  the 
Board  of  Trustees  thereof  may  establish.  The  Common  Council  may  also 
provide  by  issuing  bonds  of  the  city  for  the  purpose  of  erecting  an  additional 
building  or  buildings  for  the  Detroit  Museum  of  Art.  Whenever  the  Detroit 
Museum  of  Art  shall  transfer  all  its  powers,  properties,  privileges  or  posses- 
sions to  the  Arts  Commission  for  the  city,  as  herein  provided,  the  annual 
appropriation,  provided  in  this  section,  shall  not  thereafter  be  made  to  the 
Detroit  Museum  of  Art,  but  shall  be  made  to  the  Arts  Commission ;  nor  shall  the 
Common  Council  thereafter  provide  for  any  buildings  or  other  purposes  of 
the  Detroit  Museum  of  Art. 

Powers  of  Committees: 

Sec.  22.  The  chairman  of  any  committee  of  the  Common  Council  may 
administer  oaths  and  take  affidavits  in  respect  of  any  matter  pending  before 
his  committee.  All  committees  shall  have  power  to  subpoena  witnesses,  and 
to  compel  their  attendance  and  the  production  of  necessary  papers  in  all 
examinations  pending  before  them ;  and  the  Common  Council  may  prescribe 
and  regulate  the  necessary  proceedings,  and  confer  upon  the  police  force  or 
any  officer  all  needful  powers  for  the  purposes  aforesaid.  The  Common  Coun- 
cil shall  have  power  to  provide  by  ordinance  for  the  enforcing  of  the  pro- 
visions of  this  section,  and  to  prescribe  the  penalty  for  a  violation  of  any  of 
the  provisions  thereof. 

Voting  in  Common  Council : 

Sec.  23.  No  Alderman  shall  vote  on  any  question  in  which  he  is  interested. 
On  all  other  questions  every  Alderman  present  shall  vote.  In  all  cases  of  tie- 
vote  the  question  shall  be  lost. 

Land  Board  of  the  City  of  Detroit: 

Sec.  24.  The  Common  Council  shall  constitute  the  Land  Board  of  the  City 
of  Detroit  and  are  hereby  vested  with  all  the  powers  and  obligated  to  per- 
form all  the  duties  granted  to  and  imposed  upon  the  Mayor,  Recorder,  Alder- 
men and  free  men  of  the  City  of  Detroit;  the  Mayor,  Recorder  and  Aldermen 
of  the  City  of  Detroit  and  upon  the  City  of  Detroit  by  an  act  of  Congress  of 
the  United  States  or  by  the  State  of  Michigan. 


56  CITY  CHARTER— CHAPTER  VI. 


CHAPTER   VI. 

ADMINISTRATIVE    DEPARTMENTS 

Department  of  Administration : 

Sec.  1.  The  City  of  Detroit  shall  have  a  Department  of  Law,  a  Depart- 
ment of  Records,  a  Department  of  Assessment,  a  Department  of  Tax  Collec- 
tion, a  Department  of  Finance  and  Accounts,  a  Department  of  Police,  a  De- 
partment of  Fire  Protection,  a  Department  of  Public  Safety,  a  Department  of 
Correction,  a  Department  of  Public  Works,  a  Department  of  Parks  and 
Boulevards,  a  Department  of  City  Plan  and  Improvement,  a  Department  of 
Street  Railways,  a  Department  of  Water  Supply,  a  Department  of  Public 
Lif^diting,  a  Department  of  Health,  a  Department  of  Poor  Relief,  a  Department 
of  Recreation,  a  Department  of  Labor  Welfare,  a  Department  of  Arts,  such 
other  departments  as  are  or  may  be  established  by  the  laws  of  the  state,  and 
sucli  other  departments  as  the  Common  Council  may  by  ordinance  establish. 

Supervision  of  Departments : 

Sec.  2.  The  Common  Council  shall  have  the  general  oversight  and  con- 
trol of  the  departments :  but  such  oversight  and  control  shall  not  extend 
beyond  the  power,  by  ordinance,  resolution  or  other  proceeding,  to  provide  for. 
the  proper  and  efficient  discharge  of  the  city's  business  and  to  require  of  ofifi- 
cers  and  other  employes  of  the  city  to  make  such  reports  as  may  be  deemed 
necessary.  The  Common  Council  may  also  establish  new  departments  of 
administration,  and  consolidate  or  abolish  any  departments  not  specifically  estab- 
lished herein ;  but  it  shall  not  transfer  to  any  such  new  department  any 
powers  or  duties  herein  specifically  conferred  on  any  department.  The  Com- 
mon Council  may,  however,  confer  additional  powers  and  duties,  not  herein 
otherwise  provided,  on  any  department. 

Heads  of  Departments: 

.Sec.  3.  The  Corporation  Counsel  shall  ha\e  charge  of  the  Department  of 
Law;  the  City  Clerk,  the  Department  of  Records,  the  three  Assessors,  who 
shall  constitute  the  Board  of  Assessors,  the  Department  of  Assessment;  the 
City  Treasurer,  the  Department  of  Tax  Collection;  the  Controller,  the  Depart- 
ment of  Finance  and  Accounts;  a  Commissioner  of  Police,  the  Department  of 
Police ;  a  board  of  four  Fire  Commissioners,  to  be  known  as  the  Fire  Com- 
mission, the  Department  of  Fire  Protection ;  a  Commissioner  of  Public  Safety, 
the  Department  of  Public  Safety;  a  board  of  four  Inspectors,  to  be  known  as 
the  Correction  Commission,  the  Department  of  Correction ;  a  Commissioner  of 
Public  Works,  the  Department  of  Public  Works;  a  Commissioner  of  Parks 
and  Boulevards,  the  Department  of  Parks  and  Boulevards;  a  board  of  nine 
City  Plan  and  Improvement  Commissioners,  to  be  known  as  the  City  Plan 
and  Improvement  Commission,  the  Department  of  City  Plan  and  Improve- 
ment; a  board  of  three  Street  Railway  Commissioners,  to  be  known  as  the 
Street  Railway  Commission,  the  Department  of  Street  Railways;  a  board  of 
five  W'ater  Commissioners,  to  be  known  as  the  \\"ater  Commission,  the 
Department  of  Water  Supply ;  a  board  of  five  Public  Lighting  Commissioners, 


CITY  CHARTER— CHAPTER  VI.  57 

• 

to  be  known  as  the  Public  Lighting  Commission,  the  Department  of  Public 
Lighting;  a  board  of  four  Health  Commissioners,  to  be  known  as  the  Board  of 
Heahh,  the  Department  of  Health;  a  board  of  four  Poor  Commissioners,  to  be 
known  as  the  Poor  Commission,  the  Department  of  Poor  Relief;  a  board  of 
seven  members,  namely,  two  Recreation  Commissioners,  the  Superintendent 
of  Schools,  the  Commissioner  of  Parks  and  Boulevards,  the  Librarian  of  the 
Public  Library,  the  Commissioner  of  Police  and  the  Commissioner  of  Public 
Works,  to  be  known  as  the  Recreation  Commission,  the  Department  of  Recrea- 
tion; a  Commissioner  of  Labor  Welfare,  tire  Department  of  Labor  Welfare, 
and  a  board  of  Arts  Commissioners,  to  be  known  as  the  Arts  Commission,  the 
Department  of  Arts;  Provided,  that  the  Public  Lighting  Commissioners  and 
Gas  Commissioners  who  shall  hold  office  at  the  time  of  the  adoption  of  this 
charter  shall  constitute  the  Public  Lighting  Commission  herein  provided, 
until  the  expiration  of  their  respective  terms  of  office. 

Deputy  Heads  of  Departments : 

Sec.  4.  The  head  of  each  department  which  is  in  charge  of  one  officer  only 
and  each  Assessor  shall  appoint  a  Deputy  who  shall  hold  office  at  the  pleasure 
of  the  officer  in  whom  his  appointment  is  vested,  and  who  shall  have  such 
powers  and  perform  such  duties  as  the  departmental  head  may  prescribe. 
During  the  temporary  absence  or  inability  of  the  departmental  head  the  dep- 
uty head  of  that  department  shall  be  the  acting  head,  and  whenever  there 
shall  be  a  vacancy  in  the  office  of  a  departmental  head,  the  deputy  head  .shall 
become  the  head  until  such  time  as  the  vacancy  shall  be  filled  as  herein  pro- 
vided ;  except  that  in  case  of  vacancy  in  the  office  of  City  Clerk  or  City  Treas- 
urer the  Deputy  shall  be  vested  with  all  the  powers  and  perform  all  the  duties 
of  the  City  Clerk  or  City  Treasurer,  as  the  case  may  be,  for  the  Unexpired 
term.  Whenever  the  Deputy  City  Clerk  or  the  Deputy  City  Treasurer  shall 
become  City  Clerk  or  City  Treasurer,  as  the  case  may  be,  he  shall  be  subject 
to  recall  in  the  same  manner  and  under  the  same  conditions  as  if  elected  to 
that  office.  Each  Deputy  Assessor  shall  hold  the  same  relation  to  the  Asses- 
sor in  whom  his  appointment  is  vested  as  a  deputy  head  holds  to  his  depart- 
mental head.  No  Deputy,  while  acting  head,  shall  change  any  general  rule 
or  regulation  or  make  other  than  necessary  temporary  appointments. 

Departmental  Secretaries : 

Sec.  5.  Each  departmental  board  or  commission  shall  appoint  a  Depart- 
mental Secretary  who  shall  have  such  powers  and  perform  such  duties  as 
the  lioard  or  commission  in  which  his  appointment  is  vested  may  prescribe. 
Each  deputy  head  shall  be  the  Secretary  of  his  department.  The  Secretary  of 
the  Board  of  Assessors  shall  be  the  Secretary  of  the  Board  of  Review. 

General  Powers  of  Departmental  Heads: 

Sec.  6.  Each  departmental  head,  whether  a  single  officer  or  a  board  or 
commission,  shall  make  all  needful  general  rules  and  regulations  for  the 
transaction  of  the  business  of  his  (or  their)  respective  department;  but  no 
such  rule  or  regulation  contravening  any  provision  of  this  charter  or  any  ordi- 
nance, resolution  or  other  proceeding  of  the  Common  Council  enacted  in 
accordance  therewith  shall  be  valid.  Each  departmental  head  may  appoint  and 
employ  all  subordinates  in  his  (or  their)  respective  department,  as  herein  pro- 
vided, may  discharge  any  whose  removal  is  not  herein  otherwise  provided, 
and  shall  be  deemed  and  held  to  be  responsible  to  the  Mayor  for  the  faithful 
and  efficient  administration  of  his  (or  their)  respective  department. 


^/ 


58  CITY  CHARTER— CHAPTER  VI. 

Security  Given  by  Subordinates: 

Sec.  7.  All  departmental  subordinates  shall  give  security  for  the  faithful 
performance  of  their  trust  as  their  respective  departmental  heads  may  require. 

Compensation  of  Subordinates: 

Sec.  8.  Subordinates  shall  receive  compensation  at  the  following  rates,  per 
annum,  to-wit : 

Deputy  Corporation  Counsel   $5,000.00 

Each  Assistant  Corporation  Counsel,  not  less  than  . .  . .  , 2,500.00 

City  Statistician,  not  less  than 2,500.00 

City  Engineer 6,000.00 

Health  Officer 5,000.00 

Each  City  Physician,  not  less  than 1,500.00 

All  other  employes  shall  receive  such  compensation  as  may  be  fixed  by 
their  respective  departmental  heads,  subject  to  the  approval  of  the  Common 
Council.  The  compensation  of  all  subordinates  shall  be  paid  during  service 
in  equal  semi-monthly  payments  for  service  rendered. 

Civil  Service  Commission: 

Sec.  9.  The  City  of  Detroit  shall  have  a  board  of  four  Civil  Service  Com- 
missioners, to  be  known  as  the  Civil  Service  Commission,  which  shall  super- 
vise and  regulate  the  appointment,  promotion  and  removal  of  all  depart- 
mental subordinates  in  the  classified  service,  as  herein  provided.  Each  com- 
missioner shall  hold  office  for  a  term  of  four  years,  beginning  on  the  first 
Tuesday  of  May ;  and  they  shall  be  so  appointed  that  the  term  of  office  of  one 
commissioner  shall  expire  in  each  year.  Vacancies  in  the  commission  shall 
be  filled  by  appointment  for  the  unexpired  term.  No  commissioner  shall  hold 
any  other  office  or  employment  under  the  federal,  state,  or  any  municipal 
government.  The  commission  shall  be  so  constituted  that  at  all  times  not 
more  than  two  commissioners  shall  be  adherents  of  the  same  political  party. 
The  Mayor  may  remove  any  commissioner  for  incompetency,  neglect  of  duty, 
or  malfeasance  in  office,  after  granting  such  commissioner  a  hearing.  Within 
ten  days  after  such  removal  the  Mayor  shall  report  the  same  in  writing  to 
the  Common  Council  with  his  reasons  therefor.  Three  commissioners  shall 
constitute  a  quorum,  and  the  commissioner  whose  term  of  office  shall  soonest 
expire  shall  be  the  president  of  the  commission. 

Chief  Examiner: 

Sec.  10.  The  Civil  Service  Commission  shall  choose  by  competitive  exami- 
nation a  Chief  Examiner,  who  shall  hold  office  for  and  during  merit  and  fit- 
ness. Under  the  direction  of  the  commission,  he  shall  superintend  any  exami- 
nations held  hereunder,  and  perform  such  other  duties  as  the  commission 
shall  prescribe.  The  Chief  Examiner  shall  be  ex-officio  secretary  of  the  com- 
mission, and  under  its  direction,  he,  as  such  secretary,  shall  keep  minutes  of 
its  proceedings  and  preserve  all  reports,  applications  and  other  documents.  He 
shall  receive  compensation  in  a  sum  to  be  fixed  by  the  commission  not  exceed- 
ing two  thousand  fi\e  hundred  dollars  a  year,  to  be  paid  in  equal  semi- 
monthly installments. 

Unclassified  Service: 

Sec.  11.  All  elective  officers,  all  appointive  officers,  all  deputy  heads  of 
departments  and  departmental  secretaries,  all  deputy  assessors,  city  statisti- 


CITY    CHARTER— CHAPTER    VI.  ."■9 

cian,  all  clerks  of  election  and  the  Mayor's  secretary  and  stenographer,  and  the 
city  engineer  and  assistant  city  engineer  shall  constitue  the  unclassified  ser- 
vice of  the  city,  and  shall  not  be  subject  to  the  rules  and  supervision  of  the 
commission. 

Classified  Service: 

Sec.  12.  All  jjositions  in  the  civil  service  of  the  city,  whether  now  exist- 
ing or  hereafter  created,  not  belonging  to  the  unclassified  service,  shall  belong 
to  and  constitute  the  classified  service  of  the  city.  The  commission  shall 
classify  all  positions  in  the  classified  service  with  reference  to  the  examina- 
tions herein  provided,  and  no  appointment  to  any  position  in  the  classified 
ser\-ice  shall  be  made  otherwise  than  under  and  in  accordance  with  the  rules 
herein  provided. 

Rules  of  Civil  Service  Commission : 

Sec.  13.  The  commission  shall  make,  amend  and  enforce  rules  not  incon- 
sistent herewith  for  the  examination  and  selection  of  persons  to  fill  the  posi- 
tions in  the  classified  service;  shall  print  for  distribution  all  rtUes  and  all 
changes  therein  immediately  on  adoption ;  shall  give  notice  in  the  official 
paper  of  the  place  or  places  where  copies  of  the  rules  may  be  obtained ;  and 
in  such  publication  shall  state  the  date  when  the  rules  shall  take  effect,  which 
date  shall  be  not  less  than  ten  days  subsequent  to  the  date  of  such  publica- 
tion. The  commission  shall  also  supervise  the  administration  of  the  rules  so 
esbtablished,  and  shall  on  or  before  the  first  Tuesday  in  April  of  each  year 
report  to  the  Mayor  their  doings  during  the  preceding  _\-ear,  including  any 
rules  adopted  hereunder. 

Civil  Service  Examinations: 

.^ec.  14.  All  applicants  for  any  position  in  the  classified  service  shall  pass 
an  examination,  which  shall  be  made  public,  competiti\e  and  free  to  all  citi- 
zens of  the  United  States,  with  specific  limitations  as  to  employment  of  citi- 
zens of  Detroit  only  as  the  commission  may  desire,  also  as  to  sex,  age,  health, 
habits  and  moral  character.  Such  examinations  shall  be  practical  in  their 
character  and  shall  relate  to  those  matters  which  will  fairly  test  the  relative 
capacity  of  the  persons  examined  to  discharge  the  duties  of  the  positions  to 
which  they  seek  to  be  appointed  and  may  include  tests  of  physical  qualifica- 
tions and  health,  and,  when  appropriate,  of  manual  skill.  The  commission 
shall  control  all  examinations,  and  may,  whenever  an  examination  is  to  be 
held,  designate  a  suitable  number  of  persons,  either  in  or  not  in  the  official 
service  of  the  city,  to  be  the  examiners.  Such  examiners  shall  conduct  such 
examination  as  the  commission  may  direct,  and  shall  make  return  or  report 
thereof  to  the  commission;  but  the  commission  may  themselves  at  any  time 
act  as  examiners  without  appointing  others.  If  the  examiners  are  not  in  the 
official  service  of  the  city,  they  shall  receive  such  compensation  as  the  com- 
mission may  determine;  but  if  they  are  in  the  official  service,  it  shall  be  part 
of  their  official  duty  without  extra  compensation. 

Public  Notice  of  Examinations: 

Sec.  15.  The  commission  shall  give  notice  of  the  time,  place  and  purpose 
of  every  examination  for  two  weeks  preceding  such  examination  by  publica- 
tion in  the  official  paper.  The  commission  shall  also  post  such  notice  in  a 
conspicuous  place  in  their  office  and  on  the  city  hall  bulletin  boards  for  two 


60  CITY  CHARTER— CHAPTER  VI. 

weeks  before  such  examination.    Such  further  notice  of  examinations  may  be 
given  as  the  commission  shall  prescribe. 

Preliminary  Slateinent  by  Applicant: 

Sec.  16.  Ever}'-  applicant  for  any  position  in  the  classified  service,  in  order 
to  be  qualified  to  appear  for  examination  therefor,  shall  file  with  the  com- 
mission a  statement,  subscribed  by  him  and  made  under  oath,  in  which  he 
shall  state  correctly:  |1)  His  full  name,  residence  and  postoffice  address;  (2) 
his  citizenship;  (3)  his  age;  (4)  his  place  of  birth;  (5)  his  health  and  physi- 
cal capacity  for  the  public  service ;  (6)  his  previous  employment  in  the  public 
service ;  (7)  his  business  or  employment  and  residence  for  the  previous  five 
years;  and  (8)  his  education.  The  applicant  shall  also  furnish  such  other  in- 
formation touching  the  applicant's  fitness  for  the  public  service,  as  may 
reasonably  be  required  by  the  commission. 

Eligible  List  of  Applicants : 

Sec.  17.  From  the  returns  of  any  examination  held  the  commission  shall 
prepare  an  eligible  list,  for  each  grade  or  class  of  position  in  the  classified 
service,  of  persons  whose  general  average  standing  upon  examinations  for 
such  grade  or  class  shall  be  not  less  than  the  minimum  fixed  by  the  rules,  and 
who  are  otherwise  eligible.  Such  persons  shall  take  rank  upon  the  eligible 
list  as  candidates  in  order  of  their  relative  excellence  as  determined  by  exami- 
nation without  reference  to  priority  in  time  of  examination.  In  the  event  of 
more  than  one  applicant  receiving  the  same  mark  at  an  examination,  priority 
in  time  of  filing  application  shall  determine  the  order  in  which  their  names 
shall  be  placed  on  the  eligible  list.  The  commission  may  strike  off  names  of 
candidates  from  the  eligible  list  after  they  shall  have  been  thereon  one  year. 
But  any  list  may  be  extended  by  the  commission  for  a  period  not  exceeding 
one  year. 

Appointing  Procedure: 

Sec.  18.  Every  departmental  head  in  whose  department  any  position  in 
the  classified  service  requires  to  be  filled  shall  notify  the  commission  of  that 
fact.  Thereupon  the  cijmmission  shall  certify  to  the  departmental  head  the 
name  and  address  of  the  candidate  standing  highest  upon  the  eligil5le  list  for 
the  class  or  grade  to  which  such  position  belongs.  The  departmental  head 
shall  notify  the  commission  of  each  position  to  be  filled  separately,  and  shall 
fill  such  place  by  the  appointment  of  the  person  certified  to  him  (or  them )  by 
the  commission  therefor.  Such  appointment  shall  be  on  probation  for  a 
period  to  be  fixed  by  the  rules.  At  or  before  the  expiration  of  the  period  of 
probation  the  departmental  head  may,  with  the  consent  of  the  commission, 
based  upon  the  written  reasons  submitted  to  them,  discharge  the  appointee. 
If  not  discharged  prior  to  the  expiration  of  the  period  of  probation,  his 
appointment  shall  be  deemed  complete.  To  prevent  the  stoppage  of  public 
business  or  to  meet  extraordinary  exigencies,  any  departmental  head  ma}-,  with 
the  approval  of  the  commission,  make  a  temporary  appointment  to  remain  in 
force  not  exceeding  sixty  days,  and  only  until  regular  appointment  hereunder 
can  be  made,  if  necessary. 

Suspension  of  Competition : 

Sec.  19.  In  case  of  \-acancy  in  a  position  in  the  classified  service  requiring 
peculiar  and  exceptional  qualifications  of. a  scientific  or  professional  character, 
upon  satisfactory  evidence  that  competition  is  impracticable  and  that  the  p^isi- 


CITY  CHARTER— CHAPTER  VI,  61 

.tion  can  best  be  filled  by  the  selection  of  some  designated  person  of  recognized 
attainments,  the  commission  may,  after  public  hearing  and  by  the  affirmative 
vote  of  all  four  commissioners,  suspend  competition.  But  such  suspension 
shall  not  take  efifect  unless  and  until  the  Comm'on  Council  shall  by  the  affirm- 
ative vote  of  two-thirds  of  the  Aldermen  confirm  the  action  of  the  commission  ; 
nor  shall  such  suspension  be  general  in  its  application  to  such  position.  All 
such  cases  of  suspension  shall  be  reported,  together  with  the  reasons  therefor 
in  the  annual  report  of  the  commission. 

Employment  of  Common  Labor: 

Sec.  20.  Common  laborers  in  the  employ  of  the  city  shall  be  employed  in 
accordance  with  such  rules  and  regulations  as  the  commission  may  from  time 
to  time  adopt. 

Promotions  and  Transfers : 

Sec.  21.  Each  departmental  head  shall  ha\e  control  over  all  promotions 
within  his  (or  their)  department.  In  making  any  promotions,  however,  the 
departmental  head  shall  file  a  copy  of  the  reasons  therefor  with  the  commis- 
sion. The  commission  may,  and  at  the  written  request  of  any  subordinate  in 
the  department  in  which  a  promotion  has  been  made,  shall  investigate.  If  it 
shall  find  as  the  result  of  such  investigation  that  the  promotion  was  made  for 
political  or  other  considerations  or  reasons  except  the  interest  of  the  service, 
it  shall  so  report  to  the  departmental  head  making  such  promotion.  Upon 
receiving  such  report,  the  promotion  shall  be  set  aside  and  the  relative  posi- 
tion of  the  subordinates  in  the  department  be  the  same  as  before  the  promotion 
was  made.  Any  person  who  shall  enter  the  classified  service  in  the  manner 
herein  provided  may  be  promoted  to  a  position  in  the  unclassified  service,  and 
if  so  promoted,  shall  not  be  removed  therefrom  except  by  restoration  to  a 
I>osition  in  the  classified  service.  Transfers,  except  in  the  case  of  those  who, 
without  taking  the  civil  service  examinations,  retained  their  positions  in  the 
classified  service  on  and  after  the  third  day  of  May  in  the  year  nineteen  hun- 
dred and  thirteen,  may  be  made  from  a  classified  position  in  one  department  to 
an  unclassified,  or  to  a  classified  position  in  another  department  requiring  no 
higher  examination  than  that  required  for  the  position  from  which  a  transfer 
i^  to  be  made.  However,  no  person  in  the  classified  service,  who  retained 
such  position  without  taking  the  civil  service  examination  therefor,  shall  be 
transferred  or  promoted  without  first  passing  a  non-competitive  examination 
provided  by  the  commission. 

Notice  of  Appointments,  Etc. : 

Sec.  22.  Each  departmental  head  shall  give  immediate  notice  in  writing  to 
the  commission  of  all  appointments,  permanent  or  temporary,  made  in  the 
classified  service  in  his  (or  their)  department,  and  of  all  transfers,  promotions, 
resignations  or  vacancies  from  any  cause  in  such  service,  and  of  the  date 
thereof.  A  record  of  the  same  shall  be  kept  by  the  commission.  When  any 
position  in  the  classified  service  shall  be  created  or  abolished,  or  the  compensa- 
tion attached  thereto  altered,  the  departmental  head  making  such  change 
'^hall  immediately  report  it  in  writing  to  the  commission. 

Removals  in  Classified  Service : 

Sec.  2i.  No  person  shall  be  discharged  from  the  classified  service,  or 
rerluced  in  pay  or  position,  or  suspended  by  the  departmental  head  appointing 


62  CITY  CHARTER— CHAPTER  VI. 

him  for  religious  or  political  reasons.  In  all  cases  of  discharge,  or  reduction, 
or  suspension  for  more  than  thirty  days,  the  departmental  head  shall  furnish 
the  subordinate  discharged,  reduced  or  suspended  with  a  written  statement  of 
the  order  of  removal,  and  the  reasons  for  the  same,  a  copy  of  which  statement 
shall  also  be  filed  with  the  commission  at  the  same  time.  The  commission 
may,  and  upon  the  written  request  of  the  subordinate  made  within  ten  days, 
shall,  investigate.  If  it  shall  find  as  the  result  of  such  investigation  that  the 
discharge,  reduction  or  suspension  was  made  for  political  or  for  other  reasons 
than  the  good  of  the  service,  it  shall  so  report  to  the  departmental  head,  and 
the  person  so  discharged,  reduced  or  suspended  shall  thereupon  be  entitled  to 
resume  his  position  and  to  receive  compensation  for  the  time  lost. 

Notice  to  Controller  of  Appointments,  Etc. : 

*  Sec.  24.  The  commission  shall  certify  to  the  Controller  all  appointments 
to  positions  in  the  classified  service,  and  all  vacancies  occurring  therein, 
whether  by  dismissal,  resignation  or  death.  Neither  the  Controller  nor  any 
other  officer  concerned  in  the  auditing  or  paying  of  any  salary  or  wages  or 
other  claims  shall  approve  of  or  be  in  any  manner  concerned  in  paying  any 
salary  or  wages  to  any  person  for  services  in  the  classified  service  of  the  city, 
until  the  appointment  of  such  person  in  the  classified  service  shall  have  been 
certified  by  the  commission  to  the  Controller,  nor  after  the  vacation  of  such 
person's  position  shall  have  been  so  certified. 

Investigation  by  Commission: 

Sec.  25.  The  commission  shall,  by  itself  or  otherwise,  investigate  the 
enforcement  of  the  provisions  of  this  charter  concerning  the  classified  service, 
of  its  own  rules,  and  the  action  of  appointees  in  the  classified  service.  In  the 
course  of  such  investigation  the  commission,  or  its  authorized  representative, 
may  administer  oaths.  The  commission  shall,  when  necessary,  also  secure  by 
its  subpoena  both  the  attendance  and  testimonjr  of  witnesses  and  the  produc- 
tion of  books  and  papers  relevant  to  such  investigation.  The  Common  Council 
shall  enact  all  suitable  ordinances  to  enforce  the  provisions  hereof. 

Opinions  and  Affiliations: 

Sec.  26.  No  question  in  any  form  of  application  or  in  any  examination 
shall  be  so  framed  as  to  elicit  information  concerning  the  political  or  religious 
opinions  or  affiliations  of  any  applicant,  or  his  connection  with  any  labor 
organization  ;  nor  shall  inquiry  be  made  concerning  such  opinions  or  affilia- 
tions ;  and  all  disclostires  therefor  shall  be  discountenanced.  No  discrimina- 
tion shall  be  exercised,  threatened  or  promised  by  any  person  in  any  manner 
responsible  for  the  carrying  out  of  the  provisions  of  this  charter  concerning 
the  classified  service  against  or  in  favor  of  an  applicant  eligible  to  or  employee 
in  the  classified  service  because  of  his  political  or  religious  opinions  or  affilia- 
tions or  connection  with  any  labor  organization.  No  recommendation  of  an 
applicant  eligible  or  employee  involving  a  disclosure  of  his  political  or  religious 
o])inions  or  affiliations  shall  be  considered  or  filed  by  the  commission  or  by 
any  officer  concerned  in  making  appointments  or  promotions. 

Aid,  Hindrance,  Etc.,  in  Examinations: 

Sec.  27 .  No  person  or  officer  shall,  by  himself  or  in  co-operation  with  one 
or  more  persons,  defeat,  deceive  or  obstruct  any  person  in  respect  of  his  right 
of  examination  or  corruptly  ox   falsely    rrark,    grade,    estimate   or   report   upon 


CITY    CHARTER— CHAPTER    VI.  tj3 

the  examination  or  proper  standing  of  any  person  examined  liereunder,  or  aid 
in  so  doing;  or  make  any  false  representations  concerning  the  same,  or  con- 
cerning the  person  examined ;  or  furnish  to  any  person  any  special  or  secret 
information  for  the  purpose  of  either  improving  or  injuring  the  prospects  or 
chances  of  any  person  so  examined,  or  to  be  examined,  appointed,  employed 
or  promoted. 

Consideration  for  Appointment  or  Promotion: 

Sec.  28.  No  applicant  for  appointment  in  the  classified  service,  shall, 
directly  or  indirectly,  pay  or  promise  to  pay  any  money  or  other  valuable  thing 
to  any  person  whatever  for  or  on  account  of  his  appointment  or  proposed 
appointment.  No  employee  in  the  classified  service  shall  directly  or  indirectly, 
pay  or  promise  to  pay,  to  any  person  any  money  or  other  valuable  thing  what- 
ever for  or  on  account  of  his  promotion. 

Recommendation  for  Political  Service: 

Sec.  29.  No  applicant  for  appointment  or  promotion  in  the  classified  service 
shall  ask  for  or  receive  a  recommendation  or  assistance  from  any  person  in  the 
classified  service,  or  from  any  person  whatever,  in  consideration  of  any  polit- 
ical service  rendered  or  to  be  rendered  to  or  for  such  person. 

Political  Contributions : 

Sec.  30.  No  officer  or  employee  shall  discharge,  degrade,  or  promote,  or  in 
any  manner  change  the  rank  or  compensation  of  any  person  in  the  classified 
service,  or  promise  or  threaten  to  do  so,  for  giving  or  withholding  or  neglect- 
ing to  make  any  contribution  of  money  or  other  valuable  thing  for  any  party 
or  political  purpose,  or  for  refusal  or  neglect  to  render  any  party  or  political 
service.  No  officer  or  employee  of  the  city  shall  directly  or  indirectly  solicit 
or  receive  or  be  in  any  manner  concerned  in  soliciting  or  receiving  any  assess- 
ment, subscription  or  contribution  for  any  political  party  or  political  purpose 
whatever;  nor  shall  any  person  directly  or  indirectly,  solicit,  or  be  in  any 
manner  concerned  in  soliciting  any  assessment,  contribution  or  payment  for 
any  political  purpose  whatever  for  any  person  in  the  classified  service. 

Attendance  of  Witnesses  at  Investigation : 

Sec.  31.  The  fees  of  witnesses  in  any  investigation  for  attendance  and 
travel  shall  be  the-  same  as  the  fees  of  witnesses  in  the  Circuit  Court  for  the 
County  of  Wayne,  and  shall  be  paid  from  the  appropriation  for  the  expenses 
of  the  commission.  The  Circuit  Court,  or  any  Judge  thereof,  either  in  term 
time  or  vacation,  upon  application  of  any  commissioner,  shall  compel  the 
,  attendance  of  witnesses,  the  production  of  books  and  papers  and  the  giving  of 
testimony  before  the  commission  or  before  any  commissioner,  or  authorized 
representative,  by  attachment  for  contempt  or  otherwise,  in  the  same  manner 
as  the  production  of  evidence  may  be  compelled  before  the  Circuit  Court. 

Perjury  of  Witness : 

Sec.  32.  Ever/  person  who,  having  taken  an  oath  or  made  affirmation 
before  the  commission,  or  any  commissioner,  or  authorized  representative  of 
the  commission,  shall  swear  or  affirm  wilfully,  corruptly  or  falsely,  shall  be 
guilty  of  perjury,  and,  upon  conviction  thereof,  shall  be  punished  accordingly. 
No  person,  testifying  in  any  proceeding,  suit  or  prosecution  hereunder,  shall 
be  exempt  from  prosecution  or  punishment  for  perjury  committed  in  so 
testifying. 


64  CITY  CHARTER— CHAPTER  VI. 

Misdemeanors  Hereunder : 

Sec.  33.  Any  person  who,  in  the  course  of  any  investigation  conducted 
hereunder,  shall  be  served  with  a  subpoena  to  appear  and  testify,  or  to  pro- 
duce books  and  papers,  which  subpoena  shall  have  been  issued  by  the  com- 
mission, or  by  any  commissioner,  or  by  any  authorized  representative  of  the 
commission,  and  who  shall  refuse  or  neglect  to  appear,  or  to  testify,  or  to 
produce  books  and  papers,  as  commanded  in  such  subpoena,  shall  be  guilty  of 
a  misdemeanor.  Any  person  who  shall  knowingly  violate  any  civil  service 
provision,  or  who  shall  neglect  or  refuse  to  perform  any  duty  enjoined  upon 
him  thereby,  shall  be  guilty  of  a  misdemeanor.  Any  officer  who  shall  be 
required,  hereunder  to  do  or  perform  any  act  or  duty,  or  under  whose  super- 
vision or  authority  any  act  or  duty  is  required  to  be  done  or  performed,  which 
act  or  duty  shall  not  be  done  or  performed,  and  who  shall  have  wilfully 
neglected  to  perform  such  duty,  or  shall  have  wilfully  permitted  the  omission 
or  non-performance  of  such  act  or  duty,  shall  be  guilty  of  a  misdemeanor. 

Penalty  for  Misdemeanors  Hereunder : 

Sec.  34.  Any  person  who  shall  be  convicted  of  any  act  or  omission  herein 
declared  to  be  a  misdemeanor  shall  be  punished  by  a  fine  of  not  less  than  Mty 
dollars,  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  House  of 
of  Correction  for  a  term  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court:  'Provided,  however,  that  upon 
any  criminal  examination  or  trial  of  any  person  charged  with  any  such  misde- 
meanor it  shall  be  competent,  upon  the  request  of  the  Prosecuting  Attorney 
of  the  County  of  Wayne,  or  his  assistant,  for  the  magistrate  or  court,  before 
whom  such  examination  or  trial  is  being  conducted,  to  compel  any  witness  to 
answer  any  and  all  relevant  questions,  any  claims  of  privilege  to  the  contrary 
notwithstanding;  And  provided  further,  that  no  person  shall  be  prosecuted 
or  be  subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any  trans- 
action, matter  or  thing  concerning  which  he  may  so  testify  or  produce  evi- 
dence, documentary  or  otherwise,  in  any  proceeding,  suit,  or  prosecution  here- 
under. 

Removal  From  Office  or  Position  by  Conviction: 

Sec.  35.  The  office,  or  the  position  in  the  classified  service,  as  the  case  may  be, 
of  any  person  convicted  hereunder  shall,  by  force  of  such  conviction,  be  rendered 
vacant,  and  the  person  so  convicted  shall  be  deemed  removed  therefrom  without 
further  action.  Any  vacancy  arising  in  this  manner  shall  be  filled  in  the  same 
manner  and  under  the  same  conditions  as  if  arising  from  any  other  cause.  Any 
person,  so  convicted,  shall  be  incapable  of  holding  any  office  or  position  in  the 
classified  service  for  the  period  of  five  years  from  the  date  of  such  conviction. 

Persons  Competent  to  Prosecute: 

Sec.  36.  Prosecution  for  violations  of  any  civil  service  provision  may  be  insti- 
tuted by  the  Attorney-General,  by  the  Prosecuting  Attorney  for  Wayne  County, 
or  by  the  commission  acting  through  special  counsel.  Such  suits  shall  be  con- 
ducted and  controlled  by  the  [prosecuting  officers  who  institute  them,  unless  they 
rec|uest  the  aid  of  other  prosecuting  officers. 

Eight-Hour  Service  Day: 

Sec.  37.  The  service  day  for  all  employees  in  the  classified  service,  during 
which  they  shall  be  required  to  work,  shall  consist  of  eight  hours  in  any  ten  con- 
secutive hours  in  any  one  day  of  twenty-four  hours.     No  employee  in  the  classified 


CITY  CHARTER— CHAPTER  VI.  66 

service  shall  be  required  to  work  for  more  than  this  eight  hour  service  day,  except 
in  case  of  any  emergency  which  would  result  in  serious  loss,  damage,  or  impair- 
ment of  the  city's  service,  unless  the  same  employee  or  employees  were  required 
to  remain  continuously  at  work  for  a  longer  period,  in  which  case,  during  the 
continuance  of  the  emergency,  the  provision  requiring  the  eight  hour  service  day 
may  be  suspended  by  the  departmental  head  or  proper  subordinate  in  whose 
department  the  emergency  shall  have  arisen ;  but  no  provision  of  this  section  shall 
apply  to  the  Department  of  Fire  Protection,  except  upon  the  approval  of  the  Com- 
mon Council. 

Six-Day  Service  Week: 

Sec.  38.  No  employee  in  the  classified  service  shall  be  required  to  work  for 
more  than  six  service  days  in  any  consecutive  seven  days  of  twenty-four  hours 
each,  except  in  case  of  any  emergency  which  would  result  in  serious  loss,  damage 
or  impairment  of  the  city's  service,  unless  the  same  employee  or  employees  were 
required  to  remain  at  work  in  excess  of  the  six  day  service  week,  in  which  case, 
during  the  continuance  of  the  emergency,  the  provision  requiring  a  six  day  service 
week  may  be  suspended  by  the  departmental  head  or  proper  subordinate  in  whose 
department  the  emergency  shall  have  arisen.  No  provision  of  this  section  shall 
apply  to  the  Department  of  Fire  Protection,  except  on  the  approval  of  the  Com- 
mon Council. 

Excess  Compensation  for  Emergency  Service: 

Sec.  39.  The  Common  Council  shall  by  ordinance  provide  for  the  proper 
readjustment  of  service  time  and  for  the  proper  excess  compensation  of  any 
employee,  of  whom  service  in  excess  of  the  regular  service  day  or  the  regular 
service  week  shall  have  been  required  in  the  case  of  any  emergency,  as  herein 
provided.  But  the  Common  Council  shall  provide  for  a  rate  of  compensation  for 
excess  service  which  shall  be  for  Sundays  and  other  holidays  not  less  than  twice 
the  regular  rate  of  compensation,  and  for  other  days  not  less  than  one  and  one- 
half  times  the  regular  rate  of  compensation. 

Minimum  Wage: 

Sec.  40.  No  employee  in  the  classified  service  doing  common  labor  shall  receive 
compensation  in  a  sum  less  than  two  dollars  and  twenty-five  cents  per  diem  for 
an  eight  hour  service  day.  No  employee  in  the  classified  service  doing  the  work  of 
a  skilled  mechanic  shall  receive  compensation  in  a  sum  less  than  the  highest  pre- 
vailing wage  in  that  particular  grade  of  work.  Whenever  practicable,  the  per 
diem  plan  of  employing  common  labor  shall  be  in  force.  All  wages  and  all  salaries 
in  the  classified  service  shall  be  paid  weekly.  Any  employee  in  the  classified 
service  who  shall  receive  compensation  for  service  rendered  at  a  rate  less  than 
the  minimum  fixed  herein  may  by  an  action  for  debt  recover  from  the  city  the 
balance  due  him  hereunder  with  costs. 

Employment  of  Labor  by  Contractors: 

Sec.  41.  No  contract  for  any  public  vvork  shall  be  let  which  shall  not,  as  a 
part  of  the  specification  on  which  contractors  shall  make  their  bids,  require  the 
contractor  or  subcontractor  to  pay  all  persons  in  his  employ  doing  common  labor 
and  engaged  in  the  public  work  contracted  for  not  less  than  two  dollars  and 
twenty-five  cents  per  diem,  to  pay  all  persons  in  his  employ  doing  the  work  of  a 
skilled  mechanic  and  engaged  on  the  public  work  the  highest  prevailing  wage  in 
that  particular  grade  of  work,  and  to  require  of  such  employees  the  same  service 


«6  CITY   CHARTER— CHAPTER   VI. 

day  and  service  week  required  herein  of  all  city  employees.  Any  contractor  who 
shall  have  entered  into  such  contract  with  the  city  and  shall  have  violated  any  pro- 
vision of  this  section  as  made  a  part  of  his  contract  shall  be  debarred  from  any 
further  contracts  for  public  work,  and  any  contract  let  to  him  contrary  to  this 
provision  shall  be  void.  Whenever  it  shall  appear  that  any  employee  of  any  con- 
tractor for  public  work  engaged  thereon  shall  have  received  less  than  the  com- 
pensation herein  provided,  the  Common  Council  may  cause  to  be  paid  to  him  such 
deficit  as  shall  be  due  him  and  shall  cause  the  amount  so  paid  to  be  deducted  from 
the  balance  due  to  the  contractor  from  the  city. 


CITY   CHARTER— CHAPTER   VII. 


CHAPTER    VII. 
DEPARTMENT  OF  LAW 
General  Powers  and  Duties: 

Sec.  1.  The  Corporation  Counsel,  as  head  of  the  Department  of  Law  shall 
superintend  and  conduct  all  the  law  business  of  the  city  and  of  its  departments, 
conduct  all  suits  brought  by  or  against  the  city  or  any  department  thereof,  all 
prosecutions  for  the  violation  of  any  provision  of  this  charter  or  of  any  ordinance, 
resolution  or  other  proceeding  enacted  thereunder,  and  all  proceedings  for  the 
condemnation  of  lands  and  the  separation  of  grades ;  draft  all  such  ordinances 
as  the  Common  Council  or  a  committee  thereof  may  require;  prepare  such 
leases,  deeds,  contracts  or  other  papers  as  may  be  required  by  the  Common 
Council  or  by  any  department  and,  on  request  furnish  written  opinions  upon 
all  subjects  submitted  by  the  Common  Council,  by  the  Mayor,  or  by  any 
departmental  head. 

Service  of  Process: 

Sec.  2.  Any  process,  required  by  law  to  be  served  upon  the  Corporation 
Counsel,  may  be  served  upon  the  Corporation  Counsel  or  upon  any  subordinate, 
except  clerks  and  stenographers,  in  the  department  of  law. 

Delivery  of  Office  to  Successor: 

Sec.  3.  Whenever  a  vacancy  by  resignation  or  removal  shall  occur  in  the  office 
of  Corporation  Counsel,  the  outgoing  Corporation  Counsel  shall  forthwith,  on 
demand,  deliver  to  his  successor  in  office  all  deeds,  leases,  contracts  and  otlier 
papers  and  books  in  his  hands  belonging  to  the  city  or  delivered  to  him  by  the  city 
or  any  officer  or  department,  and  all  papers  in  action  prosecuted  or  defended  by 
him,  or  which  are  pending  and  undetermined. 

Annual  Report  to  Common  Council: 

Sec.  4.  The  Corporation  Counsel  shall  annually  on  or  before  the  first  day  of 
May  in  each  year  make  a  report  in  writing  to  the  Common  Council  of  all  suits 
instituted  and  pending  in  courts  of  record  in  which  the  City  of  Detroit  is  inter- 
ested, which  report  shall  state  the  names  of  all  defendants  and  plaintififs,  the  nature 
of  the  action,  the  date  of  the  commencement  and  the  several  steps  that  may  have 
been  taken  in  court  during  his  term  of  office  to  bring  such  suits  to  final  issue,  to  be 
accompanied  with  such  explanatory  remarks  as  he  may  see  fit  to  append,  to  the 
end  that  the  Common  Council  may  be  kept  fully  advised  as  to  the  legal  affairs  of 
the  city.  He  shall  also  attach  to  his  report  a  list  of  all  such  cases  as  may  have 
been  disposed  of  during  his  term  of  office  and  subsequent  to  his  last  report, 
together  with  their  results. 

Counsel  for  All  Departments : 

Sec.  5.  No  officer  or  department,  including  the  Board  of  Education,  shall  have 
or  employ  any  attorney  or  counsel  except  upon  the  recommendation  of  the  Cor- 
poration Counsel.     But  the  Department  of  Law  shall  furnish  every  department  or 


68  CITY  CHARTER— CHAPTER  VII. 

officer  such  advice  or  legal  assistance,  as  counsel  or  attorney  in  or  out  of  court,  as 
may  be  required  by  such  officer  or  department. 

Detail  of  Detectives  to  Department: 

Sec.  6.  The  Superintendent  of  Police  shall  on  request  of  the  Corporation 
Counsel,  detail  one  or  more  detectives  for  services  as  may  be  required  in  connec- 
tion with  the  business  of  the  department  of  law. 

Procedure  in  All  Suits  or  Cases : 

Sec.  7.  Any  officer,  upon  whom  any  process  or  other  paper  may  be  served  in 
any  case  commenced  or  pending  against  the  city,  shall  immediately  transmit  such 
process  or  paper  to  the  Corporation  Counsel.  The  Corporation  Counsel  shall 
thereupon  inform  the  Common  Council  of  the  pendency  of  such  suit  or  proceeding, 
and  unless  otherwise  directed  thereby,  he  shall  appear  in  such  suit  or  proceeding 
in  behalf  of  the  city.  If  a  judgment  or  decree  be  entered  therein,  he  may  cause 
an  appeal  or  other  appropriate  proceeding  to  be  taken  to  remove  the  cause  to  the 
Appellate  Court  if,  in  his  jtidgment,  the  interests  of  the  city  so  require. 

Counsel  for  State  in  City  Cases : 

Sec.  8.  The  Corporation  Counsel  and  his  assistants  shall  appear  and  act  for 
the  people  of  the  State  of  Michigan  in  the  Police  Court  and  the  Recorder's  Court 
in  all  cases  arising  hereunder  or  under  any  law  creating  any  department  of 
administration  in  the  city,  or  for  offenses  specified  herein  or  therein.  Informa- 
tion in  such  case  may  be  filed  by  the  Corporation  Counsel  as  informant  in  the  same 
manner  and  with  like  effect  as  though  it  had  been  filed  by  the  Prosecuting  Attorney 
of  the  county. 

No  Bond  Necessary  to  Perfect  Appeal,  Etc. : 

Sec.  9.  Whenever  an  appeal  shall  be  taken  in  any  case,  or  a  writ  of  error 
issued  in  any  suit  brought  against  the  city,  it  shall  not  be  necessary,  in  order  to 
perfect  the  appeal  or  to  stay  proceedings  upon  any  judgment,  for  the  Corporation 
Counsel  to  execute  any  bond  or  other  undertaking;  but  there  shall  be  the  same 
right  to  sue  and  recover  against  the  city  the  same  damages  that  the  appellee  would 
have  had,  had  an  undertaking  or  bond  been  executed  by  the  city  in  such  cases. 
The  appeal  shall  be  deemed  to  have  been  perfected  when  a  claim  or  notice  of  such 
appeal  shall  have  been  filed  and  notice  thereof  given  to  the  appellee  or  his  solicitor 
or  attorney. 


CITY   CHARTER— CHAPTER   VIII.  69 

CHAPTER   VIII. 
DEPARTMENT  OF  RECORDS 

General  Powers  and  Duties: 

Sec.  1.  The  City  Clerk,  as  head  of  the  Department  of  Records,  shall  keep  the 
corporate  seal  and  all  papers  filed  in  or  pertaining  to  his  department.  He  shall  be 
Clerk  of  the  Common  Council  and  of  all  its  committees,  shall  attend  its  meetings, 
shall  make  and  preserve  a  record  of  all  its  ordinances,  resolutions  and  other  pro- 
ceedings, in  proper  books  to  be  provided  therefor,  and  when  requested,  shall  duly 
certify  under  the  corporate  seal  copies  thereof  and  all  papers  duly  filed  in  his  office 
pertaining  to  the  same.  He  shall  possess  and  exercise  the  powers  of  township 
clerks  and  such  other  powers  as  are  herein  specified  or  may  be  necessary  for  the 
proper  discharge  of  his  duties. 

Bureau  of  Statistics: 

Sec.  2.  There  shall  be  in  the  Department  of  Records  a  Bureau  of  Statistics  in 
charge  of  a  City  Statistician,  who  shall  be  appointed  by  and  hold  office  at  the 
pleasure  of  the  City  Clerk,  but  who  shall  be  certified  by  the  Civil  Service  Commis- 
sion to  be  a  competent  expert  statistician.  There  shall  be  detailed  as  his  assistants 
such  clerks  at  the  disposal  of  the  City  Clerk  as  may  be  necessary  for  the  conduct 
of  the  bureau. 

Annual  Report  of  Statistician : 

Sec.  3.  The  Statistician  shall  keep  on  file,  subject  to  inspection  by  the  general 
public  at  reasonable  hours,  correct  copies  of  the  reports  of  all  city  officials  and  of 
the  proceedings  of  the  Common  Council.  From  these  he  shall  prepare  an  annual 
report  which  shall  be  submitted  to  the  Common  Council,  and  printed  as  a  separate 
document,  copies  of  which  shall  be  given  to  any  citizen  on  application. 

Control  of  Departmental  Reports : 

Sec.  4.  The  Statistician  shall,  in  conference  with  the  City  Clerk  and  other 
departmental  heads,  prescribe  forms  for  the  reports  of  all  departmental  and 
bureau  heads.  These  forms  shall  be  as  nearly  as  practicable  uniform  for  all 
lepartments.  In  prescribing  the  forms  for  the  departmental  reports,  the  Statis- 
tician shall  give  due  consideration  to  the  distinction  between  those  departments 
whose  maintenance  is  mainly  a  burden  on  the  general  taxes,  and  those  depart- 
ments that  produce  incomes  by  making  or  distributing  and  selling  service  or 
products.  These  reports  shall  be  so  drawn  that  he  may,  and  he  shall,  prepare 
from  them:  (a)  an  annual  balance  sheet:  (b)  cost  statistics,  showing  efficiency  of 
operation  of  each  department;  (c)  operating  statistics,  showing  activity  of  each 
department:  (d)  as  to  public  utilities,  comparative  costs  under  private  and  public 
operation,  both  in  the  city  and  in  other  municipalities;  and  (e)  recommendations 
concerning  methods  and  efficiency  of  various  departments.  Cost  and  operating 
statistics  shall  be  prepared  and  submitted  to  the  Common  Council  quarterly,  and 
shall,  as  soon  as  possible,  be  drawn  to  show  comparison  with  the  last  quarter  and 
<he  same  quarter  of  the  previous  year.  The  balance  sheet  shall  show  comi)arison 
with  the  previous  year.  All  shall  be  submitted  and  published  annually  as  a  su|>ple- 
nient  to  the  annual  report  herein  required. 


70  CITY  CHARTER— CHAPTER  IX. 


CHAPTER    IX. 
DIVISION  OF  FINANCE 

Distribution  of  Financial  Administration : 

Sec.  1.  Subject  to  the  control  and  management  of  the  Common  Council,  the 
financial  administration,  including  the  fixing,  collecting,  disbursing  and  accounting 
of  the  revenues  and  moneys  of  the  city  shall  be  conducted  by  and  distributed 
among  the  Department  of  Finance  and  Accounts,  the  Department  of  Assessment, 
and  the  Department  of  Tax  Collection. 

I:  Funds. 

Funds  of  the  City : 

Sec.  2.  The  revenues  and  moneys  of  the  city  shall  be  divided  into  the  following 
funds,  viz:  The  general  fund,  the  contingent  fund,  the  interest  fund,  the  general 
sinking  fund,  the  street  railway  fund,  the  street  railway  sinking  fund,  the  defi- 
ciency fund,  sidewalk  fund,  and  such  other  funds  as  the  Common  Council  may, 
subject  to  the  approval  of  the  Controller,  constitute  for  special  purposes  not  incon- 
sistent with  nor  to  be  taken  from  any  of  the  foregoing  mentioned  funds. 

General  Fund: 

Sec.  3.  To  the  general  fund  shall  be  credited  all  moneys  which  shall  be  appro- 
priated to  defray  the  expenses  of  the  city,  for  the  payment  of  which  out  of  some 
other  fund  no  provision  is  herein  made. 

Contingent  Fund : 

Sec.  4.  To  the  contingent  fund  shall  be  credited  such  moneys  raised  by  general 
taxation,  such  moneys  received  from  liquor  taxes,  and  such  other  moneys  as  the 
Common  Council  shall  direct.  All  moneys  in  the  contingent  fund  shall  be  applied 
to  repaying  the  contingent  expenses  of  the  city,  including  such  illegal  or  unjust 
taxes  collected  as  the  Common  Council  shall  by  a  two-thirds  vote  of  its  members 
direct  to  be  refunded. 

Interest  Fund: 

Sec.  5.  The  Common  Council  shall  annually  appropriate  from  the  moneys 
raised  by  general  taxation  a  sum  sufficient  to  pay  the  interest  accrued,  or  to  accrue, 
on  the  funded  debt  for  the  fiscal  year  for  which  such  taxes  are  levied,  which  sum 
shall  be  credited  to  and  constitute  the  interest  fund  to  be  applied  to  payment  of 
the  interest  on  the  funded  debt ;  Provided,  that  the  Common  Council  may  further 
provide  in  such  annual  tax  levy  for  a  sum  sufficient  to  cover  any  deficiency  which 
may  have  occurred  or  is  likely  to  occur  to  this  fund  by  reason  of  the  non-payment 
of  taxes,  or  from  any  other  causes  whatever.  The  Common  Council  may  borrow  on 
the  credit  of  the  city  at  a  reasonable  rate  of  interest  a  sufficient  sum  to  meet  such 
deficiency  until  such  time  as  the  next  annual  budget  shall  have  been  fixed :  Pro- 
vided, that  the  Common  Council  shall  provide  in  the  next  annual  budget  for  the 
repayment  of  such  loan  or  loans. 


CITY  CHARTER— CHAPTER  IX.  71 

General  Sinking  Fund: 

Sec.  6.  To  the  general  sinking  fund  shall  be  credited  all  moneys  raised  by  taxa- 
tion or  otherwise  which  shall  be  appropriated  to  pay  the  funded  debt,  except  as 
herein  otherwise  provided.  Such  interest  as  may  accrue  to  the  city  on  public 
moneys  in  any  bank  or  trust  company,  except  moneys  derived  from  the  municipal 
street  railway  system,  and  such  premiums  as  may  be  received  from  the  sale  of 
bonds,  except  as  herein  otherwise  provided,  shall  belong  and  be  credited  to  the 
general  sinking  fund.  There  shall  also  be  raised  each  year  for  the  purpose  of  this 
fund  a  sufficient  sum  on  each  issue  of  bonds,  except  as  herein  otherwise  provided, 
which,  if  kept  up  during  each  year  of  the  life  of  such  issue,  shall  suffice  with  accru- 
ing interest  and  other  moneys  in  the  fund,  to  retire  such  issue  at  maturity: 
Provided,  however,  that  this  requirement  shall  not  apply  to  any  bonds  issued  prior 
to  July  first,  one  thousand  nine  hundred  and  one. 

Sinking  Fund  Commissioners: 

Sec.  7.  The  Mayor,  Controller,  Treasurer  and  Committee  on  Ways  and  ]\Ieans 
of  the  Common  Council  and  their  successors  in  office,  by  virtue  of  their  offices, 
shall  be  a  board  to  be  known  as  the  Board  of  Commissioners  of  the  Detroit  City 
Sinking  Fund.  They  shall  meet  from  time  to  time  for  the  transaction  of  business, 
and  may  adopt  rules  of  proceeding  at  their  meetings.  A  majority  of  the  whole 
board  shall  be  a  quorum  for  the  transaction  of  business,  but  they  shall  not  pur- 
chase in  or  pay  the  outstanding  funded  debt  of  the  city,  or  invest  any  of  the 
moneys  belonging  to  the  sinking  fund,  as  herein  provided,  except  under  a  resolu- 
tion for  such  purpose,  passed  and  approved  by  a  vote  of  a  majority  of  the  whole 
board,  and  by  yeas  and  nays,  to  be  entered  of  record.  The  Mayor,  or  in  case  of 
■  his  absence,  some  member,  to  be  appointed  by  those  present,  shall  preside  at  their 
meetings.  They  shall  appoint  one  of  their  members  secretary  of  the  board,  who 
shall  keep  a  true  record  of  its  doings.  They  shall  from  time  to  time,  upon  the 
best  terms  they  can  make,  purchase  or  pay  the  outstanding  debt  of  the  city,  except 
as  herein  otherwise  provided,  or  such  part  thereof  as  they  may  be  able  to  purchase 
or  pay,  until  the  same  be  fully  purchased  or  paid.  All  bonds  and  evidences  of 
debts  thus  purchased  or  paid  shall  be  delivered  to  the  City  Treasurer,  and  shall 
become  and  be  the  property  of  the  Commissioners  of  the  Sinking  Fund,  and  the 
interest  thereon  shall  be  credited  and  belong  to  the  sinking  fund.  The  City  Treas- 
urer shall  endorse  upon  the  back  of  all  bonds  so  purchased  by  the  Commissioners 
of  the  Sinking  Fund,  for  the  benefit  of  that  fund,  the  following,  viz:  "Regis- 
tered bond,  not  transferable  without  the  written  consent  of  the  Mayor,  Controller 
and  City  Treasurer  endorsed  hereon."  Whenever  they  shall  be  unable  to  arrange 
for  the  purchasing  or  paying  such  debt,  or  any  part  thereof,  they  shall  temporarily 
and  until  they  can  so  arrange,  invest  the  moneys  belonging  to  general  sinking 
fund  in  such  securities,  bearing  interest,  as  they  shall  deem  safe  and  advisable. 
The  Commissioners  shall,  immediately  after  each  meeting,  and  whenever  requested 
by  the  Common  Council,  make  report  of  their  doings,  which  report  shall  be  made 
to  the  Common  Council,  referred  to  and  filed  with  the  Controller,  and  recorded  by 
him  in  some  proper  book  to  be  provided  for  that  purpose.  The  Treasurer  shall 
have  the  custody  of  all  moneys,  and  the  Mayor,  Controller  and  Treasurer  jointly 
shall  have  custody  of  all  securities  and  evidences  of  value  belonging  or  pertaining 
to  the  sinking  fund,  and  the  Treasurer  shall  pay  out  the  moneys  of  this  fund  only 
by  order  of  the  Commissioners,  or  a  majority  thereof,  and  upon  the  warrant  of  the 
Controller.  Nothing  herein  shall  be  construed  to  exempt  the  Commissioners  from 
being  subject  to  the  provisions  of  any  ordinance  now  or  hereafter  in  force  relating 
to  the  general  sinking  fund. 


72  CITY  CHARTER— CHAPTER  IX. 

Street  Railway  Fund : 

Sec.  8.  To  the  street  railway  fund  shall  be  credited  and  belong  all  moneys 
received  from  any  source  in  relation  to  the  municipal  street  railway  system,  except 
such  portion  thereof  as  shall  be  credited  and  belong  to  the  street  railway  sinking 
fund.  All  moneys  in  the  street  railway  fund  shall  be  applied  to  defray  the 
expenses  of  acquiring,  maintaining  and  extending  the  municipal  street  railway 
system  as  herein  provided. 

Street  Railway  Sinking  Fund : 

Sec.  9.  All  interest  which  shall  accrue  on  moneys  in  any  bank  or  trust  com- 
pany received  from  any  source  in  relation  to  the  municipal  street  railway  system 
and  all  premiums  on  the  sale  of  general  bonds  for  acquiring  a  street  railway  system 
and  of  street  railway  bonds  shall  be  credited  and  belong  to  the  street  railway 
sinking  fund.  The  Board  of  Street  Railway  Commissioners  shall  also  annually 
appropriate  to  the  street  railway  sinking  fund  a  sufficient  sum  on  each  issue  of 
general  and  street  railway  bonds  sold  for  the  purpose  of  acquiring,  maintaining 
and  extending  a  municipal  street  railway  system  which  shall  suffice  with  accruing 
interest  and  the  other  resources  of  the  sinking  fund  to  pay  the  principal  of  the 
bonds  issued  at  their  maturity.  The  street  railway  sinking  fund  shall  be  invested 
in  such  manner  as  the  Board  of  Street  Railway  Commissioners  shall  decide. 

Deficiency  Fund: 

Sec.  10.  To  the  deficiency  fund  shall  be  credited  and  belong  such  moneys  as 
shall  be  appropriated  or  assigned  to  cover  the  deficiency  in  the  various  other  funds 
caused  by  the  failure  to  collect  taxes  appropriated  to  such  funds  in  any  fiscal  year.- 
There  shall  also  be  paid  into  the  deficiency  fund  all  back  taxes  collected  for  all 
years  previous  to  the  fiscal  year  then  current.  At  the  close  of  each  fiscal  year  the 
Controller  shall  transfer  from  the  deficiency  fund  to  each  fund  for  which  an 
appropriation  shall  have  been  made  by  taxation  that  year  the  amount  of  money 
remaining  uncollected  of  such  appropriation.  If  there  shall  not  be  sufficient 
money  in  the  deficiency  fund  at  the  close  of  any  fiscal  year  to  cover  the  amount 
of  the  entire  tax  levy  for  that  year  remaining  uncollected,  the  Controller  shall 
transfer  from  the  moneys  received  from  liquor  licenses  an  amount  equal  to  the 
difference  between  the  total  uncollected  taxes  for  that  year  and  the  amount  of 
money  in  the  deficiency  fund :  Provided,  that  of  the  moneys  received  from  liquor 
licenses  during  each  fiscal  year  not  less  than  fifty  thousand  dollars  shall  be  held 
in  reserve  for  the  purpose  of  making  such  transfer.  If  at  any  time  during  the 
year  the  receipts  from  taxes  for  any  fund  shall  be  insufficient  to  pay  the  expenses 
for  which  that  fund  is  constituted  within  the  appropriation  therefor,  the  Common 
Council  may  direct  the  Controller  to  advance  to  that  fund  from  the  deficiency  fund 
an  amount  not  to  exceed  the  amount  of  taxes  for  that  year  due  such  fund.  The 
amount  of  taxes  thus  advanced  shall,  upon  either  collection,  be  credited  direct  to 
the  deficiency  fund. 

Moneys  Belonging  to  Any  Fund  Credited  Thereto : 

Sec.  11.  All  taxes  and  moneys  raised,  received  or  appropriated  for  the  purpose 
of  any  particular  fund,  shall  be  paid  in  and  credited  to  such  particular  fund ;  and 
all  taxes  and  moneys  not  raised,  received  or  appropriated  for  the  purpose  of  any 
particular  fund,  shall  be  paid  into  and  credited  to  the  general  fund,  or  such  other 
fund  as  the  Common  Council  shall  direct. 


CITY  CHARTER— CHAPTER  IX.  73 

Surplus  in  Any  Fund : 

Sec.  12.  The  moneys  belonging  to  the  several  funds  and  all  moneys  and  taxes 
raised,  received  or  appropriated  for  the  purpose  thereof,  shall  be  applied  for  the 
j)urposes  for  which  the  funds  are  respectively  constituted  and  for  which  these  taxes 
and  moneys  are  raised,  received  or  appropriated :  Provided,  however,  that  if  for 
any  cause  there  shall  be  a  surplus  in  any  item  in  any  fund,  other  than  the  sinking 
fund,  over  and  above  the  actual  amount  expended  for  any  work  for  which  the 
moneys  of  any  fund  or  item  thereof  was  specifically  raised,  such  surplus  may,  on 
a  vote  of  two-thirds  of  the  Aldermen  be  transferred,  credited  and  used  to  supple- 
ment any  other  item  or  purpose  in  the  same  fund  for  which  a  sufficient  sum  has 
not  been  estimated,  levied  or  collected,  or  may,  in  like  manner,  be  set  apart  for  the 
contingent  expenses  of  the  department  for  which  the  fund  is  constituted.  Any 
moneys  received  from  any  source,  other  than  by  taxation,  may  be  credited  to  such 
fund  as  the  Common  Council  may  direct,  and  may  by  a  two-thirds  vote  of  the 
Aldermen  be  used  for  any  public  purpose  to  supplement  any  item  or  items  in  any 
fund  for  which  a  sufficient  sum  has  not  been  estimated,  levied  or  collected. 

Transfer  of  Moneys : 

Sec.  13.  Moneys  shall  not  be  transferred  from  one  fund  to  another  except  as 
herein  elsewhere  provided,  and  the  moneys  received  properly  belonging  to  one 
fund,  shall  not  be  credited  to  any  other  or  different  fund.  The  Controller,  for 
convenience,  may  divide  the  several  funds  above  constituted  into  special  funds, 
to  defray  special  expenses,  belonging  to  the  same  class  of  expenses  for  the  pay- 
ment of  which  the  several  funds  are  herein  constituted. 

II :   Annual  Budget. 

Departmental  Estimates: 

Sec.  14.  On  or  before  the  first  Tuesday  of  February  in  the  year  nineteen 
hundred  and  fourteen  and  on  or  before  the  first  Tuesday  of  January  in  each 
year  thereafter  each  department  shall  transmit  to  the  Controller  an  estimate  of 
the  amount  of  money  required  therefor  for  the  ensuing  fiscal  year.  Each  depart- 
ment shall  submit  with  its  estimate  a  sworn  statement  as  to  the  correctness  and 
necessity  of  the  same  and  the  Controller  shall  not  receive  such  estimate  unless  and 
until  accompanied  with  such  sworn  statement:  Provided,  that  the  affidavit 
herein  required  of  departmental  heads  in  transmitting  their  estimates  shall  not  be 
required  in  the  year  nineteen  hundred  and  fourteen. 

Controller's  Estimates: 

Sec.  15.  The  Controller  shall  receive  the  estimates  of  all  departments  trans- 
mitted to  him  as  herein  provided  and  add  thereto  his  estimate  of  the  amount  of 
money  required  for  all  other  purposes,  including  the  various  funds  herein  pro- 
vided. On  or  before  the  first  Tuesday  of  March  in  the  year  nineteen  hundred 
and  fourteen  and  on  or  before  the  first  Tuesday  of  February  in  each  year  there- 
after the  Controller  shall  transmit  all  estimates  to  the  Common  Council;  but  at 
any  time  on  or  before  the  second  Tuesday  of  March  in  the  year  nineteen  hundred 
and  fourteen  and  at  any  time  on  or  before  the  second  Tuesday  of  February  in 
each  year  thereafter  and  not  later  he  may  add  thereto  and  transmit  to  the  Com- 
mon Council  supplemental  estimates  which  may  have  been  omitted  in  the  original 
estimates.  No  estimates  shall  be  considered  that  have  not  been  transmitted 
through,  and  bv  the  Controller. 


74  CITY  CHARTER— CHAPTER  IX. 

Determination  of  Annual  Budget : 

Sec.  16.  On  receipt  of  the  estimates  transmitted  by  the  Controller  the  Com- 
mon Council  shall  proceed  to  consider  them  until  and  on  the  first  Tuesday  of 
April  in  the  year  nineteen  hundred  and  fourteen  and  until  and  on  the  first  Tues- 
day of  March  in  each  year  thereafter,  unless  final  action  shall  have  sooner  been 
taken  thereon.  The  Common  Council  may  revise  and  alter  any  estimate  by 
increasing,  decreasing  or  striking  out  any  item,  items  or  parts  of  items.  When 
it  shall  have  approved  of  the  revised  estimates  item  by  item,  it  shall  by  resolution 
determine  the  amounts  to  be  raised  therefor  by  taxation  or  by  the  issuance  of 
bonds :  Provided,  that  the  money  for  permanent  public  improvements  of  what- 
ever kind  shall  be  provided  for  by  the  issuance  of  bonds,  as  herein  provided; 
and  provided  further,  that  it  shall  not  appropriate  money  for  all  other  purposes 
to  be  raised  by  taxation  the  gross  amount  of  which  shall  exceed  two  per  cent  of 
the  assessed  value  of  the  real  and  personal  property  in  the  city  as  fixed  the  pre- 
ceding year,  for  city  purposes,  or  authorize  the  issue  of  bonds,  except  mortgage 
bonds  secured  only  on  the  property  of  any  public  utility  acquired  or  built  by  the 
city,  beyond  the  bonding  limit  of  the  city,  as  herein  provided. 

Board  of  Estimates : 

Sec.  17.  The  Estimators  holding  office  at  the  time  of  the  adoption  of  this 
charter  sliall  constitute  a  Board  of  Estimates  until  the  expiration  of  the  term  of 
office  for  which  they  were  elected ;  shall  meet  in  session  in  the  year  nineteen 
hundred  and  fourteen  on  tlie  first  ^Monday  of  March;  shall  thereafter  in  the  year 
nineteen  hundred  and  fourteen  meet  in  session  after  the  first  Tuesday  of  April 
and  before  the  fourth  Tuesday  of  April,  at  such  times  and  place  as  the  Common 
Council  may  by  resolution  direct; "shall  consider  the  estimates  transmitted  to  the 
Common  Council  by  the  Controller,  a  copy  of  which  shall  be  transmitted  to  the 
board;  shall  make  such  recommendations  concerning  the  estimates  as  they  may 
deem  necessary;  and  shall  receive  compensation  at  the  rate  of  five  dollars  for 
each  "member  for  each  day  on  which  the  board  shall  be  in  session.  The  pro- 
ceedings of  the  board  shall  not  be  recorded  or  printed,  and  the  City  Clerk  shall 
have  no  duties  in  connection  with  the  board.  Thereafter  the  board  shall  hold  no 
other  session,  and  at  the  expiration  of  the  term  of  office  of  the  Estimators  holding 
office  at  the  time  of  the  adoption  of  this  charter  the  office  of  Estimator  shall  be 
and  is  hereby  abolished. 

Mayor's  Power  to  Revise  Budget : 

Sec.  18.  When  the  Common  Council  shall  have  passed  the  resolutions  making 
the  appropriations  for  the  annual  budget,  it  shall  transmit  the  same  to  the  Mayor 
not  later  than  the  second  Tuesday  of  April  in  the  year  nineteen  hundred  and 
fourteen  and  not  later  than  the  second  Tuesday  of  March  in  each  year  thereafter. 
The  Mayor  may  decrease  of  disallow  altogether  any  item,  items  or  parts  of  items 
in  the  budget  and  may  decrease  or  eliminate  altogether  the  amount  contained  in 
any  resolution  authorizing  the  issue  of  bonds  in  lieu  of  raising  money  by  direct 
taxation  to  cover  items  in  the  annual  budget :  Provided,  that  he  shall  make  a 
similar  decrease  or  disallowance  of  the  same  item  or  items  in  the  annual  budget. 
The  Mayor  shall,  not  later  than  the  fourth  Tuesday  of  April  in  the  year  nineteen 
hundred  and  fourteen  and  not  later  than  the  fourth  Tuesday  of  March  in  each 
year  thereafter,  return  the  resolutions  pertaining  to  the  annual  budget  to  the 
Common  Council  with  his  reasons  for  any  decrease  or  disallowance  of  any  item, 
items  or  parts  of  items  in  the  same.  The  budget  as  returned  by  the  Mayor  shall 
be  correctly   tabulated  and  totaled.     Thereupon  at  its  next  regular  session  the 


CITY  CHARTER— CHAPTER  IX.  75 

Common  Council  shall  reconsider  the  vote  by  which  any  item,  items  or  parts  of 
items  decreased  or  disallowed  by  the  Mayor  was  adopted,  but  shall  not  take  up 
for  reconsideration  any  item  the  Mayor  has  not  decreased  or  disallowed.  Such 
reconsideration  shall  end  on  or  before  the  second  Tuesday  of  May  in  the  year 
nineteen  hundred  and  fourteen  and  on  or  before  the  second  Tuesday  of  April  in 
each  year  thereafter.  No  item  decreased  or  disallowed  by  the  Mayor  shall  be 
restored  in  its  entirety  or  in  part  except  by  two-thirds  vote  of  the  Council.  The 
resolutions  pertaining  to  the  annual  budget  shall  take  effect  on  the  fourth  Tuesday 
of  May  in  the  year  nineteen  hundred  and  fourteen  and  on  the  fourth  Tuesday 
of  April  in  each  year  thereafter.  The  Common  Council  may  at  any  time  correct 
clerical  or  technical  errors  in  the  budget  or  any  of  the  proceedings  relative  to  such 
budget. 

Ill:   Assessment  of  Taxes 

Provision  for  Annual  City  Budget : 

Sec.  19.  The  Common  Council  shall  annually  levy,  assess  and  collect  taxes  in 
a  sum  sufficient  to  provide  for  all  appropriations  in  the  annual  budget,  except  as 
herein  otherwise  provided :  Provided,  that  the  Common  Council  shall  not  have 
power  in  any  one  year  to  levy,  assess  and  collect  taxes  in  a  sum  exceeding  two 
per  cent  of  the  assessed  value  of  the  real  and  personal  property  in  the  city;  and 
provided  further,  that  the  Common  Council  shall  not  appropriate  any  moneys 
derived  from  taxation  for  any  permanent  public  improvement  of  whatever  kind. 
Rut  the  provisions  of  this  section  shall  not  be  construed  to  prohibit  the  Common 
Council  from  appropriating  the  necessary  moneys  from  the  money  derived  from 
taxation  for  the  various  funds  herein  provided. 

Time  and  Manner  of  Assessment : 

Sec.  20.  Before  the  first  day  of  April  in  each  fiscal  year,  the  Board  of 
Assessors  shall,  within  the  limits  of  each  ward  respectively,  assess  at  its  true  cash 
value  all  the  real  and  personal  property  subject  to  taxation  under  the  laws  of  the 
state.  They  shall  also,  within  the  same  period,  make  out  and  complete  the  assess- 
ment rolls,  one  for  each  ward,  in  books  to  be  provided  for  that  purpose  by  the 
Common  Council,  and  to  be  delivered  to  them  on  or  before  the  first  day  of 
September  in  each  year.  In  making  their  assessments  the  board  shall  be  gov- 
erned by  and  shall  be  subject  to  the  various  provisions  herein  set  forth. 

Assessment  of  Lots  in  Different  Wards: 

Sec.  21.  If  any  lot  or  lots  shall  lie  partly  in  twc)  or  more  wards,  the  same 
shall  be  assessed  in  the  ward  where  the  greater  portion  of  such  lot  or  lots  is 
situated. 

Description  of  Assessable  Property : 

Sec.  22.  The  Board  of  Assessors  shall  describe  all  lands,  tenements  and  sub- 
divisions thereof,  subject  to  assessment  or  taxation,  by  referring  to  the  number 
and  section  of  the  lot,  and  the  owner  or  occupant  thereof,  as  such  board  may  deem 
proper;  but  if  the  number  and  section  of  any  lot,  or  the  owner  thereof  can  not  be 
ascertained,  then  by  such  other  sufficient  description.  If  by  mistake  or  otherwise 
any  person  may  be  improperly  designated  as  the  owner  of  any  lot,  tenement,  or 
premises,  such  assessment  or  tax  shall  not  for  that  cause  be  vitiated,  but  the  same 
shall  be  a  lien  on  such  lot,  tenement  or  premises,  and  collected  as  in  other  cases. 


76  CITY  CHARTER— CHAPTER  IX. 

Assessment  of  Personal  Property : 

Sec.  23.  All  taxes  upon  personal  property  may  be  assessed  in  any  ward, 
whether  the  person  assessed  be  a  resident  of  such  ward  or  not :  Provided,  only 
that  the  property  so  assessed  shall  be  in  such  ward.  The  officer  to  whom  any 
warrant  for  the  collection  of  the  same,  or  any  tax  or  assessment  on  real  estate  is 
delivered,  may  execute  the  same  by  a  levy  and  sale  of  any  personal  property  in 
any  ward,  belonging  to  the  person  or  persons  chargeable  with  such  tax  or  assess- 
ment. 

Power  to  Demand  Lists: 

Sec.  24.  The  Board  of  Assessors  shall  have  power  and  authority  to  demand 
of  every  person  owning  or  having  charge,  as  agent  or  otherwise,  of  any  property 
taxable  in  any  ward,  a  list  of  such  property,  with  such  description  as  will  enable 
them  to  assess  the  same.  The  demand  may  be  made  in  writing,  and  shall  be 
delivered  to  such  person  or  left  at  his  place  of  residence,  with  some  person  of 
proper  years  and  discretion.  If  the  person  of  whom  such  demand  shall  be  made, 
shall  not,  within  ten  days  thereafter,  deliver  to  the  board  a  list  of  the  property  in 
the  ward  belonging  to  him,  or  under  his  charge,  with  a  correct  description  of  the 
same,  or  if  he  shall  omit  any  such  property  in  the  list  delivered,  the  board  shall 
assess  such  property  at  its  cash  value  upon  such  knowledge  or  information  as  may 
be  satisfactory  to  them  and  according  to  their  best  judgment  and  discretion. 

Publication  of  Notice  to  Taxpayers : 

Sec.  25.  The  Board  of  Assessors  shall  cause  to  be  published,  as  the  Common 
Council  may  direct,  for  two  weeks  prior  to  the  first  day  of  April  in  each  year,  a 
notice  to  taxpayers  that  the  assessment  rolls  will  be  completed  on  the  first  of 
April. 

Hearing  of  Complaints : 

Sec.  26.  On  and  after  the  first  day  of  April  and  until  the  third  Tuesday  of 
April,  any  person  considering  himself  aggrieved  by  reason  of  any  assessment, 
may  complain  thereof,  either  orally  or  in  writing,  before  the  Board  of  Assessors, 
and  on  sufficient  cause  being  shown  by  the  affidavit  of  such  person,  by  oral  proof, 
or  by  other  evidence,  to  the  satisfaction  of  the  board,  the  board  shall  review  the 
assessment  complained  of  and  may  alter  or  correct  the  same  as  to  the  person 
charged  thereby,  the  property  described  therein,  and  the  estimated  value  thereof. 
The  concurrence  of  a  majority  of  the  board  shall  be  sufficient  to  decide  any  ques- 
tion of  altering  or  correcting  any  assessment  complained  of. 

Completion  of  Assessment  Rolls: 

Sec.  27.  The  Board  of  Assessors,  or  a  majority  of  them,  having  completed 
the  review  and  correction  of  the  assessment  rolls,  shall  sign,  and  on  the  sixteenth 
day  of  April,  or,  if  the  sixteenth  day  shall  be  a  Sunday  on  the  seventeenth  day  of 
April  in  each  year,  return  same  to  the  Common  Council :  Provided,  that  the 
completion  and  signing  of  the  auxiliary  book  of  the  Board  of  Assessors'  office 
shall  be  deemed  a  completion  of  the  rolls :  And  provided  further,  that  the  receipt 
by  the  Common  Council  of  the  communication  from  the  Board  of  Assessors 
annotmcing  the  completion  of  the  rolls  shall  be  deemed  a  delivery  of  the  rolls  to 
the  Common  Council. 

Review  and  Confirmation  by  Common  Council : 

Sec.  28.  On  the  sixteenth  day  of  April,  or,  if  the  sixteenth  day  shall  be  a 
Simday,  on  the  seventeenth  day  of  April  in  each  year,  the  Common  Council  sliall 


CITY  CHARTER— CHAPTER  IX.  77 

meet  in  special  session  at  ten  o'clock  in  the  morning  (central  standard  time)  to 
receive  the  assessment  rolls.  On  the  receipt  thereof,  it  shall  proceed  to  consider 
the  same.  Any  person  who  shall  consider  himself  aggrieved  by  the  assessment 
of  his  property  and  the  decision  of  the  Board  of  Assessors  thereon,  may  appeal  to 
the  Common  Council.  The  appeal  shall  be  in  writing  and  shall  state  specifically 
the  grounds  of  the  appeal  and  the  matter  complained  of,  together  with  the  address 
of  the  appellant.  The  Common  Council  while  considering  such  appeals  shall 
consider  no  other  matter  than  that  contained  therein.  It  may  refer  the  assess- 
ment rolls  and  appeals  to  a  committee  of  the  Common  Council  for  consideration. 
Whereupon  the  committee  shall  give  notice  to  any  person  who  has  filed  an  appeal 
of  the  time  and  place  of  the  meeting  therefor,  which  notice  may  be  made  in  writ- 
ing and  shall  be  delivered  to  the  appellant  or  left  at  his  (or  her)  place  of  residence 
or  place  of  business  with  some  person  of  proper  age  and  discretion,  or  by  regis- 
tered mail,  to  the  address  of  the  appellant.  Any  Assessor  may,  and,  on  the 
request  by  resolution  of  the  Common  Council  or  the  committee,  while  acting  upon 
the  assessment  rolls  or  appeals,  shall  meet  with  the  Common  Council  or  committee 
and  make  such  explanations  as  he  may  deem  requisite  in  any  case.  The  Common 
Council  or  committee  shall  hear  and  determine  all  appeals  in  a  summary  manner. 
They  shall  correct  any  errors  which  they  may  discover  in  the  assessment  nills, 
and  shall  also'place  thereon  the  names  of  any  persons  and  the  descriptions  of  any 
property  not  already  assessed,  and  assess  the  same.  They  may  increase  or 
diminish  any  assessment  as  they  may  see  fit:  Provided,  that  they  shall  not 
increase  any  assessment  of  property  without  giving  a  reasonable  opportunity  to 
persons  owning  or  having  charge  of  the  same,  if  known,  to  appear  and  object 
thereto.  They  may  continue  the  consideration  of  the  assessment  rolls  and  hearing 
of  appeals  from  session  to  session  until  the  Saturday  next  preceding  the  first 
Tuesday  of  May  in  each  year,  on  or  before  which  Saturday  the  committee  shall 
report  to  the  Common  Council  their  doings  in  the  premises.  The  Common 
Council  shall  thereupon  consider  the  same  and  may  adopt,  change  or  amend  the 
same,  in  whole  or  in  part.  After  due  consideration  thereof,  but  not  later  than  the 
Monday  next  preceding  the  first  Tuesday  of  May,  the  rolls  shall  be  fully  and 
finally  confirmed  by  the  Common  Council,  and  when  so  confirmed  shall  remain  as 
the  basis  of  all  taxes  to  be  levied  and  collected  according  to  property  valuation, 
until  another  assessment  shall  have  been  made  and  confirmed  as  herein  provided. 

Preparation  and  Delivery  of  Tax  Rolls : 

Sec.  29.  After  the  assessment  rolls  shall  have  been  lully  and  finally  confirmed 
by  the  Common  Council,  the  Board  of  Assessors  shall  in  each  year  cause  the 
amount  of  all  taxes  in  dollars  and  cents,  authorized  to  be  assessed  and  collected 
for  the  ensuing  fiscal  year,  to  be  ratably  assessed  to  each  person  named  or  lots 
described,  upon  and  according  to  the  aggregate  valuation  which  such  person  or 
lots  shall  have  been  assessed  in  the  assessment  rolls,  such  ratable  assessment  shall 
be  entered  in  books  prepared  for  the  purpose  to  be  known  as  the  tax  rolls  for 
each  ward,  a  column  showing  the  amount  of  city  taxes  assessed  to  each  person 
or  lots  in  each  year.  Upon  the  completion  of  the  tax  rolls  and  not  later  than  the 
first  day  of  July,  the  board  shall  deliver  the  same  to  the  Controller,  who  shall 
cause  the  same  to  be  delivered  to  the  City  Treasurer,  and  take  his  receipt  therefor 
and  charge  him  herewith. 

Local  Assessments: 

Sec.  30.  Whenever  the  Common  Council  shall  order  the  opening,  widening, 
vacating,  altering,  straightening,  extending  or  abolishing  of  any  highway,  street. 


78  CITY  CHARTER— CHAPTER  IX. 

alley,  avenue  or  other  thoroughfare,  it  shall  first  ascertain  the  cost  and  expense 
of  the  same  and  thereupon  cause  such  portion  thereof  as  it  may  deem  just  to  be 
equitably  assessed  against  the  lots  or  parcels  of  real  estate  to  be  benefited  thereby 
in  proportion  to  the  probable  benefit  to  be  derived  therefrom.  Whenever  the 
Common  Council  shall  order  the  grading  and  paving  of  any  highway,  street,  alley, 
avenue  or  other  thoroughfare,  except  boulevards,  or  the  laying  of  any  lateral 
sewer  or  drain,  or  the  building  of  any  sidewalks,  or  any  other  local  improvement 
by  which  abutting  or  adjacent  real  estate  shall  be  benefited,  it  shall  first 
ascertain  the  cost  and  expense  of  the  same  and  thereupon  cause  such  cost  and 
expense,  except  the  cost  and  expense  of  grading  and  paving  the  intersection  of 
cross-streets  and  alleys,  and  the  cost  and  expense  of  building  crosswalks  and 
intersections  of  sidewalks,  to  be  ratably  assessed  against  the  abutting  or  adjacent 
real  estate  to  be  benefited  by  such  local  improvement :  Provided,  that  whenever 
the  Common  Council  shall  order  the  building  of  any  sidewalks,  it  shall  first  give 
the  owners  or  occupants  of  or  parties  in  interest  in  the  abutting  real  estate  oppor- 
tunity to  build  at  their  own  expense  the  sidewalks  ordered  in  accordance  with 
specifications  fixed  by  the  Common  Council :  Provided  further,  that  in  cases  of 
grading  and  paving,  where  a  side  street  opens  on,  but  does  not  extend  across,  the 
street  to  be  graded  and  paved,  the  space  formed  by  extending  the  lines  of  the 
former  street  to  the  middle  of  the  latter  street  shall,  for  the  purposes  of  this  sec- 
tion, be  treated  as  the  spaces  formed  by  the  intersection  of  cross-streets ;  and 
Provided  further,  that  all  necessary  platforms  and  curbings  shall,  for  the  purposes 
of  this  section,  be  deemed  to  be  included  within  the  term  "paving."  For  the 
purpose  of  such  assessment  the  Common  Council  shall  create  one  or  more  local 
assessment  districts  of  tlie  real  estate  to  be  benefited  by  the  local  improvement. 
The  work  for  each  local  asessment  district  shall  be  bid  for  and  let  separately. 
The  bidding  and  letting  shall  show  separately  the  cost  and  expense  of  that  portion 
of  the  local  improvement  herein  required  to  be  assessed  against  the  real  estate  to 
be  benefited  thereby  and  the  cost  anrl  expense  of  that  portion,  if  any,  not  herein 
required  to  be  so  assessed. 

Payment  for  Local  Improvements: 

Sec.  31.  The  cost  and  expenses  for  that  portion  of  any  local  improvements 
not  herein  required  to  be  assessed  against  the  real  estate  to  be  benefited  thereby 
shall  be  a  charge  against  the  department,  under  whose  supervision  the  work  shall 
be  done,  in  the  same  manner  as  any  other  expense  incurred  by  that  department. 
The  cost  and  expense  of  that  portion  of  the  opening,  widening,  vacating,  altering, 
straightening,  extending  or  abolishing  of  any  highway,  street,  alley,  avenue  or 
other  thoroughfare,  or  of  the  grading  and  paving  of  any  highway,  street,  alley, 
avenue,  or  other  thoroughfare,  except  boulevards,  or  of  the  laying  of  any  lateral 
sewer  or  drain,  except  arms,  or  of  the  building  of  any  sidewalk,  or  of  any  other 
local  improvement,  which  portion  is  herein  required  to  be  assessed  against  the 
real  estate  to  be  benefited  thereby,  shall  be  met  in  such  manner  as  the  Common 
Council  shall  by  ordinance  or  resolution  determine. 

Special  Assessment  Rolls: 

Sec.  32.  Whenever  the  cost  and  expense  of  any  lateral  sewer  or  drain  shall 
have  been  ascertained,  as  herein  provided,  the  City  Engineer  shall  prepare  the 
proper  assessment  roll  therefor.  Whenever  the  cost  and  expense  of  any  other 
local  improvement  shall  have  been  ascertained,  as  herein  provided,  the  Board  of 
Assessors  shall  proceed  to  make  out  a  list  of  all  the  lots  or  parcels  of  real  estate, 
constituting  a  local  assessment  district,  as  herein  provided,  with  the  name  of  the 


CITY  CHARTER— CHAPTER  IX.  79 

owner  or  occupant  of,  or  parties  in  interest  in,  each  lot  or  parcel  of  real  estate,  so 
far  as  the  board  can  ascertain  the  same,  and  with  the  length  of  front  of  each  lot 
or  parcel  of  real  estate,  if  the  assessment  shall  be  by  length  of  front:  Provided, 
that  the  board  shall  not  be  required  to  make  out  any  sidewalk  assessment  roll 
until  the  bill  for  any  sidewalk  built  as  herein  required  shall  have  first  been  turned 
over  to  the  board  by  the  City  Treasurer.  The  board  shall  then  assess  the  cost  and 
expenses  of  that  portion  of  the  local  improvement,  herein  required  to  be  assessed 
against  the  property  in  the  list,  upon  the  several  lots  and  parcels  of  real  estate,  in 
the  local  assessment  district,  in  accordance  with  such  rules  as  the  Common 
Council  shall  establish.  The  board,  or  in  case  of  lateral  sewer  assessments,  the 
City  Engineer  shall  divide  the  assessment  against  each  lot  or  parcel  of  real  estate 
in  parts  as  follows :  For  paving  or  lateral  sewer  assessments,  four  parts ;  for 
sidewalk  assessments,  two  parts ;  for  other  local  assessments,  one  part.  On  com- 
pleting the  assessment  roll,  the  board  shall  give  notice,  by  at  least  five  publications 
in  the  city  paper,  that  such  roll  is  completed,  and  will  remain  in  their  office  for 
twelve  days,  from  the  first  publication  of  the  notice,  for  the  inspection  of  all  con- 
cerned. At  the  expiration  of  the  twelve  days,  the  board  shall,  after  any  needful 
revision  and  correction  of  the  roll,  sign  the  same  and  report  it  to  the  Common 
Council.  The  Common  Council  may  thereupon  confirm  the  same,  or  may,  when 
it  shall  deem  necessary,  refer  the  same  back  to  the  board  for  further  revision  or 
corrections.  When  the  same  shall  be  corrected  to  the  satisfaction  of  the  Common 
Council,  it  shall,  by  resolution,  confirm  the  same.  After  such  confirmation,  the 
assessment  shall  constitute  a  lien,  until  paid,  upon  the  lots  or  parcels  of  real  estate 
listed  in  the  assessment  roll. 

County  and  State  Tax  Rolls: 

Sec.  33.  The  Board  of  Assessors  shall  make  copies  of  the  assessment  rolls  as 
finallv  confirmed  by  the  Common  Council,  upon  which  they  shall  ratably  assess 
the  county  and  state  taxes,  as  provided  by  the  general  laws  of  the  state. 

IV :   Collection  of  Taxes 

City  Treasurer — Powers  and  Duties: 

Sec.  34.  The  tity  Treasurer  shall  have  the  custody  of  all  moneys,  bonds, 
mortgages,  notes,  leases  and  evidences  of  value  belonging  to  the  corporation.  He 
shall  receive  all  moneys  belonging  to  and  receivable  by  the  city,  and  keep  an 
accurate  account  of  all  receipts  and  expenditures  thereof ;  but  no  receipt  given  by 
the  City  Treasurer  shall  be  valid  unless  countersigned  by  the  Controller.  He 
shall  pay  no  money  out  of  the  treasury  except  in  pursuance  of  and  by  authority 
of  law,  and  on  a  warrant  signed  by  the  Controller,  which  shall  specify  the  purpose 
for  which  the  amount  thereof  is  to  be  paid.  He  shall  keep  an  accurate  account 
of,  and  be  charged  with,  all  taxes  and  moneys  appropriated,  raised  or  received 
for  each  fund  of  the  city ;  shall  keep  a  separate  account  for  each  fund,  and  shall 
pay  every  warrant  out  of  the  particular  fund  constituted  or  raised  for  the  pur- 
poses for  which  the  warrant  was  issued,  which  warrant  shall  have  the  name  of 
such  fund  indorsed  thereon  by  the  Controller.  He  shall  exhibit  to  the  Common 
Council  annually,  and  as  often  and  for  such  period  as  may  be  required,  a  full  and 
detailed  account  of  all  receipts  and  disbursements  since  the  date  of  his  last  annual 
report,  classifying  them  by  the  funds  to  which  such  receipts  are  credited,  and  out 
of  which  such  disbursements  are  made ;  shall  report  to  the  Controller,  at  the  end 
of  each  month,  the  amount  received  and  credited  by  him  to  each   fund,  and  on 


go  CITY  CHARTER— CHAPTER  IX. 

what  account  received ;  and  shall  also,  when  required,  exhibit  a  general  statement 
showing  the  financial  condition  of  the  treasury ;  which  account,  report  and  state- 
ment shall  be  filed  in  the  office  of  the  Controller.  He  shall  also  possess  and  exer- 
cise such  other  powers  as  are  herein  specified  or  may  be  necessary  for  the  proper 
discharge  of  his  duties. 

Publication  of  Notice  of  Taxes : 

Sec.  35.  Upon  the  receipt  of  the  tax  rolls,  the  City  Treasurer  shall  give  six 
days'  notice  by  publication  in  the  official  daily  newspaper.  The  notice  shall  state 
that  the  general  tax  rolls  have  been  deposited  with  the  City  Treasurer,  and  shall 
contain  substantially  the  provisions  of  the  next  two  following  sections.  Such 
notice  shall  be  a  sufficient  demand  for  the  payment  of  all  taxes  on  the  tax  rolls. 

Taxes  Lien  Against  Property: 

Sec.  36.  All  city  taxes  upon  personal  property  shall  become  a  debt  against  the 
owner  from  the  time  of  the  listing  of  property  for  assessment  by  the  Board  of 
.Assessors  shall  be  and  remain  a  lien  thereon  until  paid,  and  no  transfer  of  the 
personal  property  assessed  shall  operate  to  divest  or  destroy  such  lien.  The 
owners  or  occupants  of,  or  parties  in  interest  in,  any  real  estate  assessed  for  taxes 
hereunder  shall  be  liable  to  pay  every  such  tax  or  assessment.  All  city  taxes  on 
real  property  shall  become  and  be  a  lien  thereon  on  and  after  the  first  day  of  July 
following  the  levying  of  the  same  until  paid.  All  city  taxes  upon  personal  prop- 
erty and  real  estate  and  special  assessment  thereon  in  addition  to  being  a  lien  upon 
the  property  assessed,  shall  be  and  remain  a  debt  against  the  owner  of  the  prop- 
erty or  his  estate  after  his  death,  until  the  same  shall  have  been  paid.  Such  debt 
shall  be  unafl^ected  by  any  statute  of  limitations.  In  all  suits  against  the  estate 
of  such  owner  all  persons  having  knowledge  of  the  non-payment  of  the  taxes 
shall  be  permitted  to  testify  before  any  court  or  commission  having  jurisdiction 
of  the  matter. 

Payment  of  Taxes: 

Sec.  37.  All  city  taxes  shall  become  due  and  payable  forthwith  upon  the 
receipt  of  the  tax  rolls  by  the  City  Treasurer.  Payment  of  the  taxes  therein 
specified  may  be  made  to  him  at  any  time  before  the  thirtieth  day  of  December 
thereafter.  No  addition  shall  be  made  to  taxes  paid  before  the  first  of  August. 
An  addition  of  one  per  cent  of  every  unpaid  tax  shall  be  made  thereto  on  that 
day,  and  a  like  addition  of  one  per  cent  on  every  thirtieth  day  thereafter  until 
such  addition  shall  amount  to  six  per  cent  of  such  tax.  Provided,  however,  that 
when  a  person  shall,  on  or  about  the  twenty-fifth  day  of  July,  hand  to  the  City 
Treasurer  a  list  of  the  property  or  properties  on  which  he  wishes  to  pay  the  taxes, 
and  shall  be  unable  to  pay  such  taxes  before  the  first  day  of  August  on  account  of 
a  pressure  of  business  in  the  City  Treasurer's  office,  then  he  shall  not  be  charged 
any  percentage  if  he  pay  them  by  the  tenth  day  of  August.  Upon  the  receipt  of 
any  tax  the  City  Treasurer  shall  mark  the  same  paid  upon  the  proper  roll  and 
give  a  receipt  therefor.  Any  person  owning  an  undivided  share,  or  other 
part  or  parcel  or  real  property  assessed  in  one  description,  may  pav  on  the  part 
thus  owned  by  paying  an  amount  having  the  same  relation  to  the  whole  tax  as  the 
part  on  which  payment  is  made  has  to  the  whole  parcel.  The  person  making 
such  payment  shall  accurately  describe  the  part  on  which  he  makes  payment,  and 
the  receipt  given  and  the  record  of  the  receiving  officer  shall  show  such  description 
and  by  whom  paid.     Any  person  having  a  lien  on  propertv  mav  pay  the  taxes 


CITY  CHARTER— CHAPTER  IX.  81 

thereon,  and  the  same  may  be  added  to  his  Hen  and  recovered  witli  the  rate  of 
interest  borne  by  the  lien. 

Augmentation  of  Unpaid  Taxes : 

Sec.  38.  On  the  first  day  of  January  following  the  time  when  any  tax  shall 
become  due  and  payable,  the  City  Treasurer  shall  add  to  every  such  tax  six  per 
cent  of  the  amount  of  the  tax  and  of  such  additions  as  are  herein  specified. 
Such  augmented  tax  shall  thenceforth  be  the  unpaid  tax,  and  shall  bear  interest 
from  that  day  at  the  rate  of  ten  per  cent,  per  annum  till  paid,  except  as  herein 
otherwise  provided.  On  or  before  the  fifteenth  day  of  January  the  City  Treas- 
urer shall  add  to  the  tax  rolls  of  the  unpaid  taxes  of  each  ward  an  additional 
column,  which  shall  show  the  augmented  amount  of  every  such  tax.  Immediately 
after  completing  such  roll  he  shall  cause  a  notice  to  be  published  in  five  succcessive 
numbers  of  at  least  two  daily  newspapers  published  in  the  city  stating  that  the 
rolls  of  unpaid  taxes  have  been  made,  that  they  will  remain  in  his  office,  where 
such  taxes  may  be  paid  until  the  first  day  of  February  following,  and  that  there- 
after the  property  against  which  such  taxes  are  assessed  shall  be  advertised  and 
sold  as  herein  provided. 

Sale  of  Property  for  Unpaid  Taxes: 

Sec.  39.  On  and  after  the  first  day  of  August  in  each  year,  and  at  any  time 
until  the  taxes  mentioned  herein  are  paid,  the  City  Treasurer,  and  the  clerks  or 
suborcjinates  in  his  office,  designated  by  him  for  that  purpose,  shall  collect  all 
unpaid  taxes  which  are  assessed  against  any  property  or  value  other  than  real 
estate.  If  such  taxes  shall  remain  unpaid  until  the  first  day  of  February  next 
following,  the  City  Treasurer  and  his  clerks  or  subordinates,  under  the  direction 
and  in  the  name  of  the  City  Treasurer,  shall  forthwith  levy  upon  and  sell  at  public 
auction  the  personal  property  of  any  person  refusing  or  neglecting  to  pay  such 
tax,  or  collect  the  same  through  the  courts.  Six  days'  notice  of  any  such  sale 
shall  be  given  by  the  City  Treasurer,  by  publication  in  the  official  newspaper. 
Whenever  such  sale  shall  have  been  made,  the  proceeds  thereof  shall  be  applied 
to  the  payment  of  the  taxes  and  percentage,  and  the  expense  of  sale,  and  any 
surplus  remaining  thereafter  shall  be  paid  over  to  the  owner  of  such  property  or 
other  persons  entitled  to  receive  the  same.  The  City  Treasurer  shall  have  power 
in  the  name  of  the  City  of  Detroit  to  prosecute  any  person  or  corporation  refusing 
or  neglecting  to  pay  such  taxes  or  any  special  assessment  by  a  suit  in  the  Circuit 
Court  for  the  County  of  Wayne,  and  he  shall  have,  use  and  take  all  lawful  ways 
and  means  provided  by  law  for  the  collection  of  debts  to  enforce  the  payment  of 
any  such  tax  or  any  special  assessment.  The  tax  rolls  shall  be  prima  facie 
evidence  of  the  indebtedness  by  such  person  and  the  regularity  of  the  proceedings 
by  which  such  tax  or  assessment  was  assessed  and  levied. 

Mortgages,  Conveyances  and  Land  Contracts: 

Sec.  40.  No  mortgage  or  conveyance  of  real  estate  or  contract  for  the  sale  of 
any  real  estate  shall  be  received  or  recorded  by  the  Register  of  Deeds  for  the 
County  of  Wayne,  unless  all  city  taxes  or  special  assessments  on  the  property 
described  in  such  mortgage,  contract,  or  conveyance  shall  have  been  paid,  nor 
unless  the  address  of  the  grantee,  mortgagee,  or  vendee  shall  be  endorsed  thereon. 
The  City  Treasurer  shall  upon  request,  furnish  a  certificate  that  such  taxes  have 
been  paid,  wdiich  certificate  shall  be  filed  with  the  Register  at  the  time  of  the 
delivery  to  him  of  such  conveyance,  mortgage,  or  contract,  for  record.  Imme- 
diately upon   the  recording  of  any  such  conveyance,   mortgage  or  contract,   the 


82  CITY  CHARTER— CHAPTER  IX. 

Register  of  Deeds  shall  deliver  such  instrument  to  the  chief  clerk  of  the  Board  of 
Assessors,  who  shall  thereupon  note  upon  the  books  of  the  board  the  change  of 
ownership. 

List  of  Real  Estate  for  Tax  Sale: 

Sec.  41.  On  the  first  day  of  February  in  each  year  the  City  Treasurer  shall 
make  a  list  in  books  prepared  for  that  purpose  of  all  real  estate  on  which  taxes 
shall  have  been  assessed  for  the  current  fiscal  year  and  shall  remain  unpaid.  The 
books  containing  this  list  shall  be  called  sales  books.  The  list  shall  contain  an 
accurate  description  of  each  parcel  of  real  estate,  the  amount  of  the  augmented 
taxes  and  the  name  of  the  owner  or  occupant  of  or  parties  in  interest  in  each 
parcel  as  it  appears  in  the  tax  list.  In  a  separate  column  in  the  sales  books  the 
City  Treasurer  shall  add  thereto  an  amount  sufficient  to  cover  the  expense  of 
advertising  the  real  estate  so  listed  for  sale.  The  total  of  these  sums  with  interest 
at  the  rate  of  ten  per  cent  per  annum  shall  thereafter  be  the  amount  required  to 
be  paid  for  the  tax  or  any  description  before  the  sale  of  the  real  estate,  as  herein 
provided.  In  the  sales  books  there  shall  also  be  a  column  in  which  the  City 
Treasurer  shall  enter  the  name  of  the  purchaser  of  any  description,  when  the 
same  shall  have  been  sold.  There  shall  be  another  column  in  which  the  City 
Treasurer  shall  enter  the  term  of  years  for  which  the  purchaser  of  any  descrip- 
tion shall  have  agreed  to  take  the  parcel  in  consideration  of  paying  the  taxes  and 
interest. 

Publication  of  Notice  of  Tax  Sale: 

Sec.  42.  On  completion  of  the  list  contained  in  the  sales  books,  the  City 
Treasurer  shall  cause  a  notice  to  be  published  in  the  official  daily  newspaper  once 
a  week  for  four  consecutive  weeks,  and  to  be  posted  in  three  or  more  public 
places  in  each  ward,  which  notice  shall  contain  a  list  of  property  and  other  details 
similar  to  that  contained  in  the  sales  books.  The  notice  shall  require  the  owner 
or  occupant  of,  or  parties  in  interest  in  the  lands  described  therein  to  pay  the 
taxes  and  charges  due  thereon,  and  shall  state  that  if  default  be  made  in  such 
payment,  the  property  will  be  sold  at  public  auction,  at  a  place  and  date  to  be 
specified  in  the  notice,  for  the  lowest  term  of  years  at  which  any  person  will  offer 
to  take  the  same  in  consideration  of  advancing  and  paying  the  taxes  and  charges 
due  thereon.  The  notice  shall  be  printed  in  the  English  language ;  but  the  Com- 
mon Council  may  also  cause  the  notice  or  any  part  thereof  to  be  published  in 
languages  other  than  English  at  an  expense  not  exceeding  three  thousand  dollars 
per  annum. 

Procedure  of  Tax  Sales : 

Sec.  43.  If  such  assessment  or  tax  with  costs,  additions  and  charges  shall 
not  be  paid  within  the  period  herein  prescribed  for  the  publication  of  the  notice  of 
sale,  then  the  City  Treasurer  shall,  without  any  further  notice,  sell  such  real  estate 
at  public  auction,  at  the  place  and  date  specified  in  the  notice,  for  the  lowest  term 
of  years  at  which  any  person  shall  offer  to  take  the  same,  in  consideration  of 
paying  such  assessment  or  tax,  with  the  costs,  additions  and  charges,  and  direct 
the  execution  of  a  proper  certificate  of  such  sale  to  the  purchaser  thereof:  Pro- 
vided, that  if  any  lot  or  parcel  of  land  so  offered  for  sale  shall  have  been  pre- 
viously sold  for  taxes  assessed  thereon  in  previous  years  and  the  same  shall  have 
been  bid  in  at  such  previous  sale  or  sales  by  the  Controller  for  the  city,  the 
purchaser  shall  be  required  to  pay  to  the  City  Treasurer  the  amount  of  all  pre- 
vious bids,  together  with  interest  thereon  from  the  time  of  such  previous  sales,  at 


CITY   CHARTER— CHAPTER    IX.  83' 

tiie  rate  of  ten  per  cent  per  annum.  The  certificate  of  sale  shall  provide  that  if 
such  real  estate  shall  not  have  been  redeemed  within  one  year  after  the  date  of 
the  sale,  the  purchaser,  on  surrendering  the  certificate  to  the  Controller,  may 
receive  a  lease  of  the  land  therein  described  for  the  term  therein  stated.  The 
certificate  of  sale,  prior  to  the  surrender  thereof,  as  herein  provided,  may  be 
assigned  by  the  owner  thereof,  or,  in  case  of  his  death,  by  the  executor  of  his  will 
or  the  aihninistrator  of  his  estate,  by  assignment  executed  with  the  formalities 
required  in  the  execution  of  deeds  of  real  estate,  properly  witnessed  and 
acknowledged. 

Supplementary  Sale: 

Sec.  44.  If  any  parcel  of  real  estate  on  which  the  taxes  shall  not  have  been 
paid  shall  have  been  omitted  in  the  published  notice  of  sale  for  unpaid  taxes  and 
shall  not  have  been  sold  at  the  time  herein  specified  for  such  sale,  the  City 
Treasurer  shall  include  the  same  in  the  list  prepared  by  him  next  after  the 
discovery  of  the  omission,  and  shall  then  advertise  and  sell  the  parcel  with  the 
same  efifect  as  if  included  in  the  list  in  which  it  originally  belonged. 

Confirmation  of  Tax  Sale : 

Sec.  45.  On  the  conclusion  of  the  public  auction  for  the  sale  of  real  estate 
for  unpaid  taxes  or  assessments,  the  City  Treasurer  shall  report  all  sales 
eflFected  to  the  Common  Council.  The  Common  Council  shall  proceed  to 
examine  the  same,  and  shall  confirm  such  as  it  shall  find  satisfactory.  It  shall 
return  all  others,  whether  found  unsatisfactory  in  whole  or  in  part,  tQ  the 
City  Treasurer  for  correction,  or  for  re-advertising  and  re-sale,  as  may  be 
necessary.  No  sale  which  shall  have  been  finally  confirmed  by  the  Common 
Council  shall  thereafter  be  disallowed  except  in  case  the  taxes  shall  have  been 
paid  prior  to  the  sale  or  in  case  the  property  is  exempt  from  taxation. 

Reissue  of  Certificate  of  Sale : 

Sec.  46.  If  a  certificate  of  sale  shall  have  been  lost  or  destroyed,  the  City 
Treasurer  shall,  upon  submission  to  him  of  satisfactory  evidence  of  such  loss 
or  destruction,  issue  a  duplicate  of  the  original  certificate.  The  evidence  of 
loss  or  destruction  must  be  in  writing,  proved  by  the  oath  of  one  or  more  per- 
sons to  the  satisfaction  of  the  City  Treasurer,  who  shall  preserve  the  same  in 
his  office. 

Redemption  of  Property  Sold  for  Taxes: 

Sec.  47.  Any  real  estate  sold  for  taxes,  as  herein  provided,  may  be 
redeemed  within  one  year  after  the  date  of  the  sale  by  payment  to  the  City 
Treasurer,  for  the  use  of  the  purchaser,  of  the  full  amount  of  the  assessment 
or  tax  for  which  such  real  estate  was  sold,  and  interest  at  the  rate  of  ten  per 
cent  per  annum,  together  with  the  amount  of  the  costs  and  charges,  and  any  sum 
or  sums  which  the  purchaser  shall  have  paid  to  the  City  Treasurer  on  account 
of  sales  thereof  for  taxes  assessed  thereon  for  any  previous  years,  together 
with  interest  thereon  at  the  rate  of  ten  per  cent  per  annum.  Upon  such  pay- 
ment, the  term  for  which  such  real  estate  was  sold  shall  cease  and  be  deter- 
mined, and  the  City  Treasurer  shall  enter  in  the  sales  book  opposite  the 
description  of  the  property  so  redeemed  the  word  "redeemed"  with  the  date 
of  the  redemption. 


84  CITY  CHARTER— CHAPTER  IX. 

Lease  Conveying  Real  Estate  Sold  for  Taxes: 

Sec.  48.  If  such  real  estate  shall  not  have  been  redeemed  within  one  year 
after  the  date  of  the  sale,  as  herein  provided,  the  Controller  shall,  in  the  name 
of  the  City  of  Detroit,  execute  and  deliver  to  such  purchaser,  or  his  assignee, 
a  proper  lease  for  the  conveyance  of  such  real  estate  for  the  term  for  which 
the  same  was  sold.  This  lease  shall  be  prima  facie  evidence  of  the  regularity 
of  all  the  proceedings  under  which  the  sale  was  made  and  the  lease  executed 
up  to  the  date  of  such  lease.  Any  person,  who  under  such  lease  may  enter 
into  such  real  estate  and  erect  or  place  any  building  or  other  property  thereon, 
shall  have  the  right,  either  at  the  expiration  of  the  term  for  which  the  same 
was  sold  or,  in  case  he  shall  be  ousted  before  the  expiration  of  such  term  by 
any  person  claiming  adversely  to  such  lease,  within  three  months  after  trial 
and  judgment  of  ouster  or  ejectment,  to  remove  such  buildings  or  other  prop- 
erty from  such  real  estate.  If  the  owner  of  a  certificate  of  sale  shall  die 
before  a  lease  for  the  real  estate  therein  described  shall  have  been  executed, 
as  herein  provided,  the  Controller  may  issue  the  lease  to  and  in  the  name  of 
such  owner.  Such  lease  shall  vest  the  title  in  the  heirs  or  devisees  of  such 
deceased  person  in  the  same  manner,  and  liable  to  like  claims  of  creditors  and 
other  persons  as  if  the  same  had  been  executed  to  such  deceased  person  imme- 
diately previous  to  his  death.  In  like  cases,  which  have  heretofore  occurred, 
the  same  rule  shall  apply,  and  all  leases  and  conveyances  heretofore  issued 
in  the  name  of  any  deceased  person,  who,  if  living  at  the  time  of  the  execution 
thereof,  would  have  been  entitled  thereto,  shall  have  like  efTect  as  herein 
provided. 

Real  Estate  Sold  for  Taxes,  Taxable: 

Sec.  49.  The  sale  of  any  real  estate  for  taxes  shall  not  exempt  such  real 
estate  from  ta.xation ;  but  such  real  estate  shall  remain  subject  to  taxation  in 
the  same  manner  as  if  no  sale  had  ever  taken  place. 

Liability  of  Person  in  Possession: 

Sec.  SO.  Any  person  in  the  possession  of  any  real  es.tate,  at  the  time  any 
tax  is  to  be  collected,  shall  be  liable  to  pay  the  tax  imposed  thereon ;  but  in 
case  any  other  person,  by  agreement  or  otherwise,  ought  to  pay  such  tax,  or 
any  part  thereof,  the  person  in  possession,  who  shall  pay  the  same,  may 
recover  the  amount  from  the  person  who  ought  to  have  paid  it,  in  an  action 
of  assumpsit,  as  for  moneys  paid  out  and  expended  for  his  benefit,  or  may 
ileduct  the  amount  from  any  rent  due  or  to  become  due  to  the  person  who 
should  have  paid  such  tax. 

Conveyance  or  Lease  Issued  by  Controller: 

Sec.  51.  The  Controller,  or  his  deputy,  may  execute  in  the  name  of  the 
city,  and  under  its  corporate  seal,  proper  conveyances  or  leases  of  all  real 
estate  sold  for  assessments  or  taxes,  which,  when  duly  acknowledged  by  the 
Controller  or  his  deputy,  and  attested  by  the  City  'Clerk,  may  be  recorded  as 
other  conveyances  of  land  under  the  laws  of  this  state.  The  leases  so  exe- 
cuted, if  not  recorded  in  the  office  of  the  Register  of  Deeds,  may  be  returned 
to  the  Controller  and  cancelled  at  any  time.  Such  cancellation  shall  termi- 
nate the  rights  of  the  lessee  thereunder. 

Controller's  Bid  on  Unsold  Tax  Titles: 

Sec.  52.  The  Controller  shall  bid  in  for  the  city,  for  a  term  of  ninety-nin< 
years,  at  any  sale  of  real  estate   for  assessments  or  taxes,  every  lot  of  land  nr 


CITY  CHARTER— CHAPTER  IX.  S5 

premises  for  wliich  no  person  shall  offer  to  bid.  The  City  Treasurer  shall 
thereupon  enter  in  the  appropriate  column  of  the  sales  books  the  words  "City 
of  Detroit,"  as  the  purchaser.  If  any  purchaser  shall  refuse  or  neglect  to  pay 
the  sum  or  sums  bid  by  him,  within  the  time  and  under  th^  regulations  pre- 
scribed by  the  Common  Council,  such  bids  shall  enure  to  the  use  and  benefit 
of  the  city,  if  the  Common  Council  so  elect. 

Redemption  of  City  Bids: 

Sec.  53.  All  real  estate,  bid  in  by  the  city,  shall  be  redeemable  at  any  time 
upon  the  payment  of  the  amount  of  the  original  sale  and  interest  thereon  at 
the  rate  of  ten  per  cent  per  annniii. 

Sale  of  City  Bids: 

Sec.  54.  The  City  Treasurer  shall  sell,  under  such  rules  and  regulations 
as  the  Common  Council  shall  prescribe,  all  real  estate,  bid  in  by  the  city;  but 
no  sale  shall  be  for  a  less  amount  than  the  original  bid  with  such  interest  as 
the  Common  Council  shall  direct.  The  purchaser  of  such  real  estate  shall 
receive  from  the  City  Treasurer  a  certificate  of  sale  in  form  similar  to  that 
issued  by  him  at  the  time  of  the  original  sale,  which  certificate  shall  entitle 
the  purchaser,  on  the  surrender  thereof  to  the  Controller,  to  a  lease  of  the 
real  estate  therein  described  for  the  unexpired  portion  of  the  term  for  which 
it  was  originally  sold. 

Redemption  Prior  to  Issue  of  Lease: 

Sec.  55.  The  owner  or  occupant  of  or  parties  in  interest  in  any  real  estate 
sold  for  unpaid  taxes  may,  after  the  expiration  of  the  year  of  redemption, 
redeem  the  same  at  any  time  thereafter  prior  to  the  issuing  of  a  lease  on  the 
surrender  of  the  certificate  of  sale  by  paying  to  the  City  Treasurer  for  the 
owner  of  the  certificate  of  sale  the  amount  of  the  original  bid  thereon  and  one 
hundred  per  cent  of  that  amount  in  addition  thereto.  The  City  Treasurer 
shall  thereupon,  on  the  surrender  to  him  of  the  certificate  of  sale,  pay  to  the 
owner  thereof  the  entire  amount  which  he  shall  have  received  for  such 
redemption. 

Procedure  of  Possession  Under  Lease: 

Sec.  56.  Whenever  a  lease  shall  have  been  issued  on  the  surrender  of  a 
certificate  of  sale,  as  herein  provided,  the  lessee  shall  not  take  possession  of 
the  real  estate  therein  described  until  ninety  days  after  he  shall  have  served 
upon  the  owner  or  occupant  of  or  parties  in  interest  in  such  real  estate,  as 
shall  appear  by  the  last  recorded  deed  conveying  the  title  thereof  and  by  the 
last  recorded  and  undischarged  mortgage  or  mortgages  thereon,  a  notice  sub- 
stantially in  the  following  form: 

"To  the  owner  of  the  real  estate  herein  described  and  to  the  owner  of  the 
undischarged  mortgage  thereon : 

"Take  notice  that  this  real  estate  has  been  sold  for  the  non-payment  of 
taxes  levied  thereon  by  the  City  of  Detroit,  and  that  a  lease  has  been  issued 
by  the  Controller  in  pursuance  of  the  sale.  You  are  entitled  to  a  release  of 
the  sale  at  any  time  within  ninety  days  after  service  upon  you  of  this  notice, 
upon  the  payment  to  the  undersigned  of  all  sums  paid  upon  the  purchase  of 
this  real  estate,  together  with  one  hundred  per  cent  in  addition  thereto.  If 
payment  thereof  is  not  made  within  thirty  <lays  from  the  date  of  the  service  of  lliis 


86  CITY  CHARTER— CHAPTER  IX. 

notice,  the  undersigned  will  institute  proceedings  to  obtain  possession  of  the 

real  estate  herein  described. 

Description  Amount  paid  Taxes  for  19.  . 

Signed 

Place  of  Business 

Whenever  the  owner  or  occupant  of  or  parties  in  interest  in  the  real  estate 
described  in  the  lease  shall  reside  in  the  County  of  Wayne,  the  notice  shall 
be  personally  served  on  him  or  them.  The  affidavit  of  the  person  serving  the 
notice  shall  be  satisfactory  evidence  of  personal  service  of  the  same.  When- 
ever the  owner  or  occupant  of  or  parties  in  interest  in  the  real  estate,  or  any 
of  them,  shall  not  reside  in  the  County  of  Wayne,  the  notice  shall  be  served 
on  such  non-resident  by  registered  mail.  The  return  receipt  for  such  regis- 
tered mail  shall  be  sufficient  evidence  of  service  of  the  notice.  At  any  time 
within  ninety  days  after  such  service  of  the  notice  the  owner  or  occupant  of 
or  parties  in  interest  in  the  real  estate  described  in  the  lease  may  redeem  the 
same  by  payment  to  the  lessee  of  the  amount  of  the  original  bid  and  one 
hundred  per  cent  in  addition  thereto.  Upon  such  payment,  the  lessee  shall 
forthwith  execute,  acknowledged  in  due  form,  and  give  to  the  person  making 
the  payment  a  release  of  all  interest  derived  through  the  lease  held  by  him. 
The  payment  may  be  made  to  the  City  Treasurer,  who  shall  thereupon  pay 
the  same  to  the  lessee  on  the  latter's  executing  and  delivering  to  him  a  proper 
release  of  all  interest  derived  through  the  lease,  and  who  shall  give  this 
release  to  the  redemptor  on  demand.  On  the  delivery  of  the  release  to  the 
redemptor  the  lease  shall  cease  and  determine.  If  the  real  estate  shall  not 
have  been  redeemed  within  ninety  days,  as  herein  provided,  the  lessee  shall 
record  a  copy  of  the  notice,  with  the  proof  of  service  thereof,  with  the  lease 
in  the  office  of  the  Register  of  Deeds.  Thereupon  the  lessee,  his  assignee, 
or  personal  representative,  may  without  further  notice  proceed  against  the 
owner  or  occupant  of  or  parties  in  interest  in  the  real  estate  before  any  Cir- 
cuit Court  Commissioner  of  the  County  of  Wayne  to  eject  the  same  there- 
from as  tenant  or  tenants  holding  over  contrary  to  the  terms  of  the  lease. 
The  process  shall  be  summary. 

Procedure  in  Collection  of  Special  Assessments: 

Sec.  S7  Whenever  the  cost  and  expense  of  any  local  improvements  shall 
have  been  assessed  in  one  or  more  parts  against  the  real  estate  to  be  benefited 
thereby,  as  herein  provided,  each  part  shall  be  due  and  payable  at  such  time 
and  shall  be  subject  to  such  addition  of  interest  and  penalties  as  the  Common 
Council  shall  by  ordinance  or  resolution  fix.  Whenever  any  special  assessment 
to  defray  the  cost  and  expense  of  any  local  improvement  properly  payable 
from  the  proceeds  of  special  assessment,  shall  fall  due  in  part  or  whole,  the 
assessment  roll  therefor  shall  be  placed  in  the  hands  of  the  City  Treasurer  for 
collection,  as  the  Common  Council  shall  provide,  for  the  space  of  thirty  days. 
After  the  lapse  of  the  thirty  days  warrants  for  the  collection  of  the  same  may 
be  issued,  and  such  proceedings  for  the  collection  thereof  be  had  as  are  or 
may  hereafter  be  prescribed  by  the  Common  Council.  Sales  of  any  real  or 
personal  estate  for  any  unpaid  assessment  shall  be  made  in  like  manner,  and 
with  like  effect,  as  in  case  of  sales  for  the  non-payment  of  the  general  tax. 

Assessment  Rolls,  Etc.,  Legal  Evidence: 

Sec.  58.  All  assessment  rolls  and  proceedings  hereunder  and  all  convey- 
ances, certificates  of  sale,  and  leases  of  any  lands,  tenements,  or  heredita- 


CITY  CHARTER— CHAPTER  IX.  87 

merits,  executed  by  the  city  or  any  of  its  officers,  by  virtue  of  this  charter, 
shall  be  taken  and  received  in  all  courts  as  prima  facie  evidence  of  the  regu- 
larity of  the  proceedings  by  which  any  tax  heretofore  mentioned  was  assessed 
or  levied. 

Irregular  Submission  of  Estimates: 

Sec.  59.  No  tax  roll  shall  be  held  to  be  void  because  an  estimate  of  the 
amount  of  money  necessary  to  be  raised  for  any  particular  fund  was  not  made 
by  the  departmental  head  authorized  or  required  by  law  to  make  an  estimate 
for  such  purpose  within  the  time  specified  herein  for  the  submission  of  such 
estimates :  Provided,  that  such  estimates  shall  have  been  transmitted  to  the 
Common  Council  in  time  for  the  same  to  be  acted  upon. 

Safe  Keeping  of  Public  Moneys: 

Sec.  60.  The  Common  Council  shall  have  power  to  contract  with  any  bank 
or  banks  or  trust  company  or  companies,  for  the  safe  keeping  of  public 
moneys,  and  for  the  receipt  of  interest,  at  a  rate  not  exceeding  that  estab- 
lished by  law,  upon  such  moneys  of  the  corporation  deposited  with  such  bank 
or  banks,  company  or  companies,  and  to  be  drawn  on  account  current  from 
such  bank  or  banks,  company  or  companies,  by  the  city  or  proper  officer 
thereof,  and  such  interest  shall  belong  and  be  credited  either  to  the  sinking 
fund  or  the  interest  fund,  as  the  Common  Council  may  direct. 


V:    Bonds  and  Other  Loans. 

Permanent  Improvements  Provided  for  by  Bonds: 

Sec.  61.  The  Common  Council  shall  provide  for  all  permanent  public 
improvements  and  for  refunding  the  public  debt  by  borrowing  upon  the  faith 
and  credit  of  the  city,  and  upon  the  best  terms  that  can  be  made,  such  sums 
of  money  as  shall  be  deemed  necessary  and  expedient,  and  to  issue  the  bonds 
of  the  city  therefor  in  lieu  of  raising  the  same  by  taxation :  Provided,  how- 
ever, that  the  Common  Council  shall  not  authorize  any  permanent  public 
improvement  except  such  as  will  reasonably  be  in  existence  at  or  toward  the 
time  of  the  maturity  of  the  bonds  issued  therefor;  and  provided  further,  that 
the  gross  debt,  exclusive  of  the  water  debt,  and  street  railway  and  other  public 
utility  debts,  as  herein  provided,  after  deducting  the  means  in  the  general 
sinking  fund  shall  never  exceed  four  per  cent  of  the  assessed  value  of  all  the 
real  and  personal  property  in  the  city.  All  bonds  or  other  indebtedness 
issued  or  created  in  excess  thereof,  except  as  herein  otherwise  provided,  shall 
be  void. 

Requirements  of  Bonds: 

Sec.  62.  All  bonds  issued  by  the  City  of  Detroit  shall  be  exempt  from  city 
taxation,  shall  be  issued  under  the  seal  of  the  corporation,  signed  by  the 
Mayor  and  countersigned  by  the  Controller,  and  except  special  assessment 
bonds,  which  are  herein  otherwise  provided  for,  shall  be  in  such  amounts  and 
at  such  rate  of  interest  and  shall  mature  in  such  a  number  of  years  as  the 
Common  Council  shall  determine :  Provided,  that  the  rate  of  interest  shall 
not  exceed  five  per  cent.     Bonds  may  be  in  registered  or  coupon  form. 


88  CITY  CHARTER— CHAPTER  IX. 

Sale  of  Bonds: 

Sec.  63.  Whenever  any  issue  of  bonds  shall  have  been  authorized,  as 
herein  provided,  the  Common  Council  shall  direct  the  Controller  to  advertise, 
in  such  manner  as  it  may  determine,  either  for  sealed  proposals  for  the  pur- 
chase of  the  bonds  about  to  be  issued  at  the  greatest  premium  above  par  and 
at  a  fixed  rate  of  interest,  or  for  sealed  proposals  for  purchase  of  the  bonds  at 
par  and  at  the  lowest  rate  of  interest,  or  for  both,  as  the  Common  Council  may 
determine.  When  the  time  for  receiving  such  proposals  shall  have  lapsed, 
the  Controller  shall  report  to  the  Common  Council  all  such  bids  received. 
The  Common  Council  shall  proceed  to  consider  the  bids,  may  reject  any  or 
all  of  them,  and  shall  order  to  be  sold  such  amount  of  the  bonds  for  which 
satisfactory  bids,  if  any,  shall  have  been  received.  But  the  Common  Council 
shall  not  accept  any  bid  for  the  purchase  of  the  bonds  at  less  than  par  or  at  a  rate 
of  interest  in  excess  of  five  per  cent  per  annum.  Upon  the  Common  Council's 
authorizing  the  sale  of  such  bonds,  the  Controller  shall  prepare  such  an  amount 
of  the  issue  only  as  may  be  ordered  sold.  In  the  preparation  of  the  bonds  he 
shall  cause  to  be  written  or  printed  upon  the  bond,  on  the  outside  fold  of  the 
same,  so  that  the  same  may  always  be  in  plain  sight,  the  following  words  to  be 
signed  by  the  City  Treasurer: 

"This  bond  has  been  made  and  issued  in  compliance  with  law ;  has  been 
duly  registered  in  the  books  of  this  office,  and  the  proceeds  of  the  same, 
together  with  all  the  premiums  on  sale  and  interest  accruing  before  delivery, 
have  been  paid  into  this  office. 

"Detroit 19 


"City  Treasurer." 
After  having  caused  such  bonds  to  be  duly  executed  and  recorded  in  the  books 
of  his  office,  with  all  the  particulars  as  required  herein,  he  shall  transmit  the  same, 
with  the  name  of  the  purchaser,  number,  date,  time  and  denomination  of  bonds, 
to  the  City  Treasurer,  taking  his  receipt  for  the  same,  and  shall  also  report  the 
entire  transaction  to  the  Common  Council  at  its  next  succeeding  session.  The 
City  Treasurer  shall,  on  receipt  of  the  bonds,  immediately  notify  the  parties  to 
whom  the  bonds  have  been  awarded,  that  the  same  are  ready  for  delivery.  He 
shall  sign  the  blank  prepared  by  the  Controller,  and  no  bonds  shall  be  valid  with- 
out his  signature.  He  shall  also  record  the  bonds,  as  herein  provided,  and 
deliver  them  to  the  respective  parties  according  to  their  accepted  bids  for  the 
same,  charging  them  with  the  premium,  if  any  is  included  in  the  proposals,  and 
the  interest  accrued  on  the  bonds  at  the  date  of  delivery.  Thereupon  he  shall 
report  to  the  Common  Council,  at  its  next  regular  session,  tlie  full  particulars  of 
the  delivery  of  the  bonds.  This  report,  together  with  the  report  of  the  Controller, 
shall  be  referred  to  the  Committee  on  Ways  and  Means,  who  shall  compare  the 
report  of  the  City  Treasurer  with  that  of  the  Controller,  and  report  to  the  Com- 
mon Council  upon  the  correctness  of  the  same,  when  they  shall  have  found  them 
to  be  correct.  The  Controller  and  City  Treasurer  shall  each  keep  an  accurate  rec- 
ord of  all  bonds  and  of  the  class  of  indebtedness  to  which  they  belong,  the  number, 
date  and  amount  of  each  bond,  its  rate  of  interest,  when  and  where  the  same  is 
payable,  and  the  person,  persons,  firm  or  corporation  to  whom  it  is  issued.  When 
the  proceeds  for  the  sale  of  any  bonds  shall  have  been  paid  into  the  city  treasury, 
the  principal  thereof  shall  be  credited  to  llie  funds  for  which  the  bonds  were 
issued,  and  be  applied  exclusively  to  the  purposes  for  which  the  bonds  are  con- 
stituted. Nor  shall  moneys  received  from  the  sale  of  any  bonds  whatever  issued 
for  any  ]jermanent  public  improvement  be  used  for  maintenance.  The  premiums 
and  accrued  interest  receiveil.  if  any.  shall  be  credited  as  herein  provided. 


CITY    CHARTER— CHAPTER    IX. 


Si) 


Payment  of  Interest  on  Bonds : 

Sec.  64.  Whenever  interest  coupons  shall  be  presented  for  payment  tu  the 
City  Treasurer,  he  shall  first  examine  his  coupon  book  to  ascertain  if  the  bond 
from  which  such  coupon  is  cut  has  been  regularly  issued,  the  proceeds  thereof 
have  been  regularly  paid  into  the  treasury,  and  the  payment  of  such  interest  is 
due.  If  such  be  found  to  be  the  fact  he  shall  cancel  the  coupons,  so  verified  and 
transmit  them,  with  the  certificate  of  their  correctness,  to  the  Controller.  Upon 
the  receipt  of  such  coupons  and  certificate,  the  Controller  shall  examine  the  same, 
comparing  them  with  the  records  of  bonds  in  his  office,  and  previous  payment  of 
coupons.  If  found  correct,  he  shall  issue  his  warrant  on  the  City  Treasurer  in 
payment  of  the  same.  He  shall  also  cause  a  record  of  the  coupons  to  be  made 
and  filed  so  as  to  show  the  date  of  payment  and  the  name  of  the  payee.  He  shall 
also  preserve  the  coupons  for  reference. 

Registered  Bonds: 

Sec.  65.     On  demand  of  the  owner  and  holder  of  any  coupon  bonds  heretofore 
or  hereafter  issued,  registered  bonds  shall  be  issued  in  lieu  thereof.     The  owner 
and  holder  asking  for  exchange  of  bonds  may  be  required  to  pay  a  reasonable 
compensation  to  cover  the  expenses  of  such  exchange.     The  bonds  so  issued  shall 
be  of  the  same  denomination,  or  multiples  thereof,  bear  the  same  rate  of  interest, 
and  be  payable  at  the  same  time,  both  as  to  interest  and  principal,  as  the  coupon 
bonds    for   which    they    shall   have    been   exchanged.     Coupon    bonds,    when    so 
exchanged,  shall  be  cancelled  by  the  Controller  and  City  Treasurer,   and  their 
certificate  of  such  cancellation   shall  be  endorsed  on  the  new  bonds.     The  old 
bonds  shall  be  filed  in  the  manner  provided  for  bonds  redeemed.     The  Controller 
and  City  Treasurer  shall  each  keep  a  book  in  which  shall  be  entered  the  date, 
number,  series,  denomination,  and  owner  of  all  registered  bonds,  and  the  number 
and  series  of  the  coupon  bonds  for  which  exchanged,  if  any.     The  mterest  and 
principal  of  registered  bonds  shall,  when  due,  be  paid  only  to  the  order  of  the 
person,  corporation  or  firm  who  shall  appear  by  these  books   to  be  the  owner 
thereof      Registered  bonds  may  be  transferred  on  these  books.     For  this  purpose 
there  shall  be  printed  forms  on  the  back  of  the  bonds,  together  with  directions  to 
be  followed  in  the  execution  of  such  transfers  by  the  owner  in  person  or  by  a 
person  authorized  to  do  so  by  power  of  attorney  duly  executed  or  by  the  presenta- 
tion of  duly  authenticated  letters  of  administration.     In  such  case  the  power  of 
attorney  or  letters  of  administration  shall  be  filed  and  carefully  preserved  in  the 
office    of   the    Controller.     The   exchange   and    registering   of   bonds,   as    herein 
required,  shall  be  transacted  by  the  Mayor  and  Controller,  and  the  Controller 
shall  keep  a  registry  for  that  purpose.     No  bond  ia  lieu  of  a  bond  returned  for 
cancellation  shall  be  issued  until  the  same  shall  have  been  registered,  as  herein 
provided. 

Emergency  Bonds: 

Sec  66  In  case  of  great  and  unforeseen  catastrophe,  fire,  plague  or  other 
happenings,  amounting  to  a  public  calamity,  or  in  case  of  loss  or  tying  up  of  the 
public  funds,  so  as  to  threaten  or  suspend  the  operation  of  the  city  government, 
the  Mayor,  Controller  and  Treasurer,  jointly,  on  action  taken  by  the  Common 
Council  and  with  the  approval  of  the  Governor  of  the  State,  may  borrow  needed 
sums  on  the  faith  and  credit  of  the  city,  such  sums  to  be  repaid  as  quickly  as 
may  be  reasonable. 


90  CITY  CHARTER— CHAPTER  IX. 

Local  Improvement  Bonds: 

Sec.  67.  The  Common  Council  may  issue  bonds  on  the  faith  and  credit  of  the 
city  for  the  entire  cost,  as  estimated  and  assessed,  of  paving  any  street,  or  paving 
or  repaying  any  alley,  or  constructing  any  lateral  sewer,  which  local  improvement 
sliall  have  been  duly  authorized.  These  bonds  shall  be  denominated  "street"  or 
"alley  paving  bonds,"  or  "lateral  sewer  bonds,"  and  shall  bear  the  name  of  the 
street  or  alley  or  the  number  of  the  lateral  sewer  for  the  paving  or  repaying  of 
which  street  or  alley,  or  the  construction  of  which  lateral  sewer  they  shall  be 
issued.  One-quarter  thereof  shall  be  payable  in  one  year,  one-quarter  in  two 
years,  one-quarter  in  three  years  and  one-quarter  in  four  years,  from  the  date  of 
their  issue.  They  shall  bear  interest  at  a  rate  not  exceeding  five  per  cent  per 
annum.  They  shall  be  regularly  dated  and  numbered  in  the  order  of  their  issue, 
and  shall  be  issued  under  the  seal  of  the  corporation,  signed  by  the  Mayor  and 
countersigned  by  the  Controller.  The  Controller  shall  keep  an  accurate  record  of 
such  bonds,  the  number,  date  and  amount  of  each,  and  the  person  or  persons  in 
whose  name  registered,  and  all  transfers  thereof.  These  bonds,  or,  in  case  the 
Sinking  Fund  Commission  shall  purchase  them,  the  proceeds  of  the  sale  thereof, 
shall  be  delivered  to  the  contractor  within  thirty  days  after  his  completion  accord- 
ing to  specifications  of  the  work  for  which  the  bonds  shall  have  been  issued  and  its 
acceptance  by  the  Commissioner  of  Public  Works  and  the  Common  Council.  All 
proceeds  of  the  special  assessment  for  the  work  for  which  these  bonds  shall  have 
been  issued  shall,  from  time  to  time,  as  collected,  be  paid  into  the  general  sinking 
fund,  or  into  a  sinking  fund  created  for  the  purpose,  and  shall  be  applied  exclu- 
sively on  the  payment  of  such  bonds  at  maturity. 

Water  Debt  of  Annexed  Territory : 

Sec.  68.  The  water  debt  of  any  district  heretofore  or  hereafter  annexed  to  the 
City  of  Detroit,  shall  be  assumed  by  the  Board  of  Water  Commissioners  of  the 
City  of  Detroit. 

Loans  on  Appropriations  Not  Yet  Available: 

Sec.  69.  The  Common  Council  shall  not  borrow  any  sums  of  money  whatso- 
ever on  the  faith  and  credit  of  the  city,  except  as  herein  provided ;  but  it  may 
audiorize  the  Controller  to  borrow,  from  time  to  time,  on  such  credit,  such  sums 
as  may  be  necessary  to  meet  the  expenditures  under  the  appropriations  for  the 
current  fiscal  year.  The  Common  Council  may  authorize  any  officer  or  board  to 
enter  into  contracts  for,  and  commence  public  works  in  their  respective  depart- 
ments at  any  time  after  the  estimates  for  the  ensuing  fiscal  year  shall  have  been 
approved.  In  order  to  enable  such  officers  or  boards  to  commence  the  public 
works  in  their  respective  departments  before  the  commencement  of  the  ensuing 
fiscal  year,  the  Common  Council  may  authorize  the  Controller  to  borrow  from 
time  to  time,  on  such  credit,  such  sums  as  may  be  necessary  to  meet  the  expendi- 
tures therein,  thereby  incurred  prior  to  the  beginning  of  the  fiscal  year.  The 
sums  so  borrowed  shall  be  paid  as  soon  as  practicable  out  of  the  moneys  raised 
and  collected  for  such  departments. 

Unauthorized  Debts  and  Contracts  Void: 

-Sec.  70.  All  bonds  and  evidences  of  debt  issued  and  all  contracts  made  or 
entered  into,  except  as  herein  provided,  shall  be  absolutely  void.  The  Common 
Council  shall  incur  no  expenses  and  create  or  pay  no  debt  or  liability,  except  as 
herein  provided,  and  shall  not  appropriate  or  use  the  property  or  moneys  of  the 
city,  except  as  herein  provided. 


CITY  CHARTER— CHAPTER  IX.  91 

Faith,  Credit  and  Property  of  the  City : 

Sec.  71.  The  faith,  crecHt  and  property  of  the  city  shall  be  and  remain  pledged 
for  the  final  payment  of  all  bonds  issued  and  of  all  moneys  borrowed  by  authority 
of  and  in  accordance  with  this  charter  and  the  acts  of  the  state  antecedent  to  it. 

Committee  on  Negotiation  of  Loans: 

Sec.  72.  The  Mayor,  Controller  and  Chairman  of  the  Committee  on  Ways 
and  Means  of  the  Common  Council  shall  constitute  a  committee  for  the  negotia- 
tion of  all  loans  authorized  herein,  except  such  loans  as  may  be  made  by  the 
Controller  under  the  authority  of  the  Common  Council,  as  herein  provided, 
and  except  as  otherwise  provided  in  case  of  any  great  or  unforeseen  catas- 
trophe, fire,  plague  or  other  happening  amounting  to  a  public  calamity  or  in 
case  of  loss  or  tying  up  of  the  public  funds.  A  majority  of  the  committee 
shall  have  power  to  make  such  negotiations,  subject  to  the  approval  of  the 
Common  Council. 

VI :   Finance  and  Accounts. 

Controller — Powers  and  Duties: 

Sec.  7Z.  The  Controller,  as  head  of  the  Department  of  Finance  and  Accounts, 
shall  receive  all  accounts  and  demands  against  the  city,  examine  them  in  detail, 
audit  and  allow  them,  or  such  parts  thereof  as  to  the  correctness  of  which  he  shall 
have  no  doubt  and  the  claimant  is  willing  to  accept  in  full  discharge  thereof,  file 
and  number  them  as  vouchers  in  the  order  of  their  allowance,  register  them,  as 
to  the  amount  allowed  and  date  of  allowance,  in  the  same  order,  in  a  proper  book 
provided  for  the  purpose,  and  refer  them  to  the  Common  Council.  If  the  Com- 
mon Council  shall  approve  of  them  or  any  of  them,  he  shall,  on  receipt  of  a  proper 
discharge  in  writing  of  such  as  the  Common  Council  shall  have  approved,  draw 
and  sign  his  warrant  therefor,  upon  the  Treasurer.  If  he  shall  have  any  doubt 
concerning  their  correctness,  he  shall  register  them  in  a  separate  list,  and  return 
them  to  the  Common  Council  with  his  objections.  If  the  same  be  allowed  by  the 
Common  Council,  on  their  return  to  him  with  a  certificate  of  the  City  Clerk 
endorsed  thereon  that  they  have  been  allowed  by  the  Common  Council,  he  shall 
file  and  register  them  in  the  list  of  allowed  claims,  in  the  same  manner  as  pro- 
vided for  the  registering  of  claims,  audited  and  allowed  by  him,  and,  on  their 
being  properly  discharged,  in  writing,  he  shall  draw  and  sign  his  warrant  therefor 
on  the  Treasurer.  The  Controller  shall  also  lay  before  the  Common  Council 
in  the  month  of  July  in  each  year,  and  oftener,  if  directed  by  the  Common 
Council,  a  complete  classified  statement  in  tabular  form  of  all  moneys  received 
and  expended  by  the  corporation  during  the  preceding  fiscal  year,  and  of  all 
leases  of  the  city  property,  specifying  the  names  of  the  lessees,  the  rates  of  rent, 
and  the  period  when  the  leases  will  terminate.  The  Controller  shall  also  examine 
the  tax  rolls  and  returns  of  the  city  officers,  and  take  general  supervision  of  the 
financial  concerns  of  the  city,  subject  to  the  direction  and  control  of  the  Common 
Council  as  herein  provided.  He  shall  keep  a  complete  set  of  books,  exhibiting  the 
financial  condition  of  the  city  in  its  various  departments  and  funds,  its  resources 
and  liabilities,  with  a  proper  classification  thereof,  and  each  fund  or  appropriation 
for  any  distinct  object  of  expenditure,  or  class  of  expenditures.  When  any  such 
fund  or  appropriation  has  been  exhausted  by  warrants  already  drawn  thereon  or 
by  appropriations,  liabilities,  debts  and  expenses  actually  made,  incurred  or  con- 
tracted for,  and  to  be  paid  out  of  such  fund  or  appropriation,  the  Controller  shall 
advise  the  Common  Council  thereof  at  its  next  meeting.     He  shall  also  possess 


92  CITY  CHARTER— CHAPTER  IX. 

and  exercise  such  other  powers  as  are  herein  specified  or  may  be  necessary  for 
the  proper  discharge  of  his  duties. 

No  Payment  on  Unauthorized  Warrants : 

Sec.  74.  No  claim  or  demand  against  the  city  shall  be  allowed  or  paid,  or  war- 
rant on  the  treasury  issued  therefor,  if  the  same  be  contrary  to  or  is  not  authorized 
by  law,  and  no  additional  allowance  beyond  the  legal  claim  under  any  contract 
with  the  city,  or  for  any  services  on  its  account  or  in  its  employment,  shall  be 
allowed.  No  warrant  on  the  treasury  shall  be  drawn  for  any  claim  or  demand 
for  the  payment  of  which  there  is  no  money  in  the  treasury  raised  or  received 
for  such  purpose,  or  after  the  fund  constituted  and  raised  therefor  has  been 
exhausted  by  warrants  previously  drawn  thereon,  or  by  appropriations,  lia- 
bilities, debts  and  expenses  actually  made,  incurred,  or  contracted  for,  and  to 
be  paid  out  of  such  fund. 

Requirements  of  Warrants : 

Sec.  75.  No  moneys  shall  be  paid  out  of  the  treasury,  except  upon  a  warrant 
signed  by  the  Controller,  and  approved  and  authorized  by  the  Common  Council, 
as  herein  provided.  Such  warrant  shall  specify  the  purpose  for  which  the  amount 
thereof  is  to  be  paid  with  sufficient  clearness  to  indicate  the  particular  fund  con- 
stituted or  raised  therefor,  shall  have  endorsed  thereon  the  name  of  the  particular 
fund  out  of  which  it  is  payable,  and  shall  be  paid  from  the  fund  constituted  for 
>uch  purpose  and  from  no  other. 

Liabilities  Limited  to  Amounts  in  Funds: 

Sec.  76.  The  Common  Council  shall  not,  by  warrant,  draft  or  order  on  the 
treasury,  or  by  any  form  of  contract,  create  any  liability  or  expense,  for  the  pay- 
ment of  which  any  particular  fund  is  constituted,  as  herein  provided,  to  a  greater 
amount  in  the  aggregate,  for  one  year,  than  the  amount  of  moneys  raised  for  and 
paid  into  such  fund  for  the  year.  All  warrants,  drafts,  orders  and  contracts  pay- 
able hereunder  out  of  any  particular  fund  and  issued  or  made  after  the  moneys 
raised  for  and  paid  into  such  fund  shall  have  been  exhausted  by  payments  there- 
from, or  liabilities  created  and  to  be  paid  out  of  such  fund,  shall  be  absolutely  void 
as  against  the  corporation. 

Competitive  Bids: 

Sec.  77.  No  contracts  for  tlie  purchase  of  any  real  estate,  or  for  the  con- 
struction of  any  public  work  whatever,  or  for  any  work  to  be  done,  or  for  the 
purchasing  or  furnishing  any  material,  printing  or  supplies  for  the  city,  if  the 
purchase  of  the  real  estate,  or  the  expense  of  such  construction,  repairs,  work, 
printing,  materials  or  supplies  shall  exceed  two  hundred  dollars,  shall  be  let  or 
entered  into  except  to  and  with  the  lowest  responsible  bidder,  with  adequate 
security,  after  a  notice  calling  for  bids  shall  have  been  duly  published  in  at 
least  one  daily  paper  of  the  city  for  such  period  as  the  Common  Council  shall 
prescribe :  Provided,  that  the  Common  Council  may  cause  any  public  work  to 
be  done  by  any  department  when  so  deemed  advisable  and  ordered  by  a  two- 
thirds  vote  of  all  the  Aldermen-elect. 

Voiding  of  Contracts  or  Agreements : 

Sec.  78.  No  contract  or  agreement,  written  or  oral,  to  which  the  city  shall 
be  a  party,  or  to  which  any  officer  or  board  thereof  shall  ofificially  be  a  party,  for 
the  construction  of  any  pavement,  building,  sewer  or  performance  of  any  public 
work  whatsoever,  or  contract  or  agreement,  requiring  the  expenditure,  receipt  or 


CITY  CHARTER— CHAPTER  IX.  93 

■  lisposition  of  money  or  property,  by  the  city  or  any  officer  or  board  thereof,  or 
creating  any  debt  or  liabiHty,  shall  be  let,  or  entered  into,  either  directly  or  indi- 
rectly, with  any  member  of  the  Common  Council,  or  other  city  officer,  either  as 
principal  or  surety.  Any  such  contract  or  agreement  thus  let  or  entered  into 
shall,  be  absolutely  void.  Before  any  contract  to  which  the  city  shall  be  a  party, 
or  to  which  any  officer  or  board  thereof  shall  be  a  party  for  the  construction  or 
repair  of  any  pavement,  sewer,  building  or  any  other  public  work,  shall  be  valid 
or  binding  upon  the  city,  there  shall  be  endorsed  thereon  by  the  Controller,  a  cer- 
tificate that  the  money  proposed  to  be  expended  under  such  contract  is  actually  in 
the  treasury  or  an  appropriation  made  therefor;  and  it  shall  be  unlawful  for  the 
Controller  to  draw  his  warrant  on  account  of  any  such  contract  not  containing  the 
certificate  herein  required.  Provided,  however,  that  such  certificate  shall  not  be 
required  upon  contracts  for  furnishing  the  city  or  any  of  its  departments  from 
time  to  time  with  printing,  stationery,  fuel,  lumber  and  other  miscellaneous  sup- 
plies and  material  as  the  same  may  be  required. 

Fiscal  Year : 

Sec.  79.  The  fiscal  year  of  the  City  of  Detroit  shall  commence  on  the  first  day 
of  July,  and  expire  on  the  tliirtieth  day  of  June,  and  shall  not  be  subject  to  change 
by  the  Common  Council. 

Controller's  Report : 

Sec.  80.  During  the  month  of  July  in  each  year,  the  Controller  shall  submit 
to  the  Corrimon  Council  a  full,  complete,  and  detailed  statement,  with  tabular 
lists,  of  all  moneys  received  and  expended  by  the  city  for  the  preceding  fiscal 
year,  showing  on  what  account  they  were  received  and  e.xpended,  to  what  funds 
they  were  credited,  and  out  of  what  funds  they  were  paid,  and  classifying  each 
receipt  and  expenditure  under  its  appropriate  head.  In  such  statement  he  shall 
also  give,  by  tabular  lists  and  otherwise,  such  general  information  as  may  be 
necessary  for  an  understanding  of  the  pecuniary  resources  and  liability  of  the  city, 
and  of  the  condition  of  each  fund,  and  may  make  such  recommendations  concern- 
ing the  same  as  the  interests  of  the  city  may  require. 

Financial  Report  of  Departments : 

Sec.  81.  The  Common  Council  and  the  Controller  or  either,  may,  at  any  time, 
require  from  the  various  officers  and  boards  of  the  corporation,  and  it  shall  be 
their  duty  to  furnish,  when  required,  and  in  such  form  as  shall  be  required,  full 
and  particular  estimates,  in  detail,  of  the  expenses  of  the  offices  or  departments  for 
the  current  or  next  ensuing  fiscal  year,  and  also  full  and  particular  accounts,  in 
detail,  of  their  expenses  for  any  past  year  or  for  any  part  thereof,  or  any  transac- 
tion of  such  officer  or  board. 

Misappropriation  of  Funds: 

Sec.  82.  If  any  officer  shall,  directly  or  indirectly,  appropriate  or  convert  any 
of  the  moneys,  securities,  or  evidences  of  value  or  any  property  whatsoever 
belonging  to  the  corporation,  or  any  board  thereof,  to  his  own  use,  or  shall  directly 
or  indirectly,  and  knowingly,  appropriate  or  convert  the  same  to  any  other  purpose 
than  that  for  which  such  moneys,  securities,  evidences  of  value,  or  property  may 
have  been  appropriated,  raised  or  received,  or  to  any  purpose  not  authorized  by 
law,  he  shall  be  deemed  guilty  of  wilful  and  corrupt  malfeasance  in  office,  and  may 
be  prosecuted,  tried  and  convicted  therefor,  and  on  conviction,  may  be  punished 
by  a  fine  not  exceeding  one  thousand  dollars  and  imprisonment  in  the  state  prison. 


94  CITY  CHARTER— CHAPTER  IX. 

or  Detroit  House  of  Correction,  not  exceeding  three  years,  or  either,  in  the  dis- 
cretion of  the  court. 

Provision  for  Entertainments,  Etc: 

Sec.  83.  The  Common  Council  may  annually  levy,  assess  and  collect  on  the 
assessed  value  of  all  real  and  personal  estate  in  the  city,  made  taxable  by  the  laws 
of  this  state,  a  sum  not  exceeding  two  thousand  dollars,  for  the  purpose  of  defray- 
ing the  costs  and  expenses  of  receptions,  entertainments,  and  celebrations  to 
be  expended  from  time  to  time  therefor  in  such  manner  as  the  Common  Council 
shall  by  resolution  direct. 


CITY   CHARTER— CHAPTER   X. 


CHAPTER  X. 
DIVISION  OF  PUBLIC  SAFETY 

Administration  of  Public  Safety: 

Sec.  1.  The  administration  of  public  safety  in,  for  and  under  the  city,  except 
as  herein  otherwise  provided,  shall  be  generally  and  particularly  vested  in  the 
Department  of  Police,  the  Department  of  Fire  Protection,  the  Department  of 
Public  Safety  and  the  Department  of  Correction  in  the  manner  and  with  the 
powers  and  duties  herein  prescribed. 


I:    Department  of  Police. 

General  Powers  of  Commissioner: 

Sec.  2.  The  Commissioner  of  Police,  as  head  of  the  Department  of  Police, 
shall  assume  and  exercise  the  entire  control  of  the  police  force  of  the  city,  shall 
possess  full  power  and  authority  over  the  organization,  government,  appointments 
and  discipline  thereof,  shall  have  the  custody  and  control  of  all  public  property, 
bcoks,  records  and  equipments  belonging  to  the  Police  Department,  shall  at  all 
times  of  the  day  and  night,  within  the  boundaries  of  the  city,  preserve  the  public 
peace  and  prevent  crime,  arrest  offenders  and  protect  rights  of  persons  and  prop- 
erty, guard  the  public  health,  preserve  order  and  enforce  all  the  laws  of  the  state 
and  the  ordinances  of  the  city,  may  change  the  titles  of  the  second  officers  of 
police  under  him,  designating  such  other  titles  as  he  may  see  fit,  and  shall  have 
such  other  powers  as  are  herein  prescribed  or  may  be  necessary  for  the  proper 
discharge  of  his  duties. 

Members  of  Police  Force: 

Sec.  3.  The  Commissioner  shall  appoint  a  superintendent  of  police,  a  deputy 
superintendent,  a  captain  of  police  for  each  thirty  patrolmen  called  into  service, 
one  or  more  detectives,  one  captain  and  one  sergeant  of  detectives,  one  sergeant  of 
police  for  each  fifty  patrolmen,  an  attorney,  surgeon,  one  or  more  roundsmen, 
doorman,  janitors,  anrl  such  regular  patrolmen  as  the  Common  Council  shall  allow. 
He  may  also  appoint  as  many  additional  patrolmen,  with  or  without  compensation, 
in  time  of  special  emergency  or  apprehended  danger  from  riot  or  other  cause,  as 
he  shall  deem  expedient.  No  member  of  the  force  shall  be  liable  to  jury  duty,  or 
to  arrest  on  civil  process  while  actually  on  duty. 

Patrolmen  of  Other  Departments : 

Sec.  4.  The  Commissioner  shall  by  direction  of  the  Common  Council  and  upon 
approval  of  the  Mayor  appoint  persons  of  suitable  character,  who  may  be  in  the 
employment  of  the  city  and  other  departments,  special  policemen  or  patrolmen ; 
but  such  special  policemen  shall  not  be  paid  for  their  services  as  policemen  from 
the  city  or  county  treasury.  Such  policemen  shall  possess  the  same  powers  as  the 
regular  patrolmen,  obey  the  rules  and  regulations  of  the  Commissioner,  and  con- 
form to  the  general  discipline. 


96  CITY  CHARTER— CHAPTER  X. 

Privately  Employed  Patrolmen : 

Sec.  5.  The  Commissioner  shall  by  direction  of  the  Common  Council  and  the 
approval  of  the  Mayor,  on  the  application  of  any  person  or  persons  showing  the 
necessity  thereof,  appoint  and  swear  in  any  number  of  additional  patrolmen  at  the 
charge  and  expense  of  the  person  or  persons  by  whom  the  application  shall  be 
made  to  do  duty  at  any  place  within  the  city.  Patrolmen  so  appointed  shall  per- 
form duty  only  at  the  place  designated  in  the  application  or  by  the  Commissioner, 
shall  hold  office  at  the  pleasure  of  the  Commissioner,  subject  to  the  rules  and  regu- 
lations of  the  department,  shall  conform  to  the  general  discipline  of  the  force  and 
such  regulations  as  shall  be  made  for  their  government  and  may  be  removed  at 
any  time  by  the  Commissioner  without  cause  assigned  therefor.  They  shall  wear 
such  dress  and  emblems  as  the  Commissioner  shall  prescribe,  and  shall  possess,  as 
conservators  of  the  peace,  all  the  powers  and  privileges  and  perform  all  the  duties 
of  the  force  herein  prescribed.  But  no  such  patrolman  shall  be  appointed  until  he 
shall  have  paid  to  the  Police  Commissioner  the  sum  of  five  dollars. 

Special  Patrolmen: 

Sec.  6.  The  Commissioner  may,  in  case  of  any  emergency,  riot,  pestilence, 
invasion,  or  during  any  day  of  public  election  or  celebration,  appoint  for  a  specified 
time  as  many  special  patrolmen  from  among  the  citizens  of  the  city  as  he  may 
deem  advisable.  During  the  term  of  service,  such  special  patrolmen  shall  possess 
all  of  the  powers  and  privileges  and  perform  all  the  duties  of  patrolmen  herein 
prescribed,  and  shall  receive  such  compensation,  not  exceeding  three  dollars  per 
day,  as  the  Commissioner  may  prescribe.  But  nothing  herein  contained  shall  be 
held  to  give  the  Commissioner  or  patrolmen  power  to  do  anything  in  conflict  with 
the  powers  of  the  Inspectors  of  Election.  Patrolmen  stationed  at  the  polls  on 
election  days,  shall  perform  all  the  duties  and  be  subject  to  all  the  regulations, 
herein  prescribed  or  prescribed  by  the  laws  of  the  state,  relating  to  their  attend- 
ance or  to  the  attendance  of  constables  at  the  polls  on  election  day;  but  no  con- 
stable shall  receive  compensation  for  attendance  upon  the  polls. 

Sundry  Appointments,  Etc. : 

Sec.  7.  The  Commissioner  may  designate  a  member  to  perform  the  duties  of 
sealer  of  weights  and  measures  and  another  member  as  his  assistant,  if  neces- 
sary. The  persons  so  designated  shall  have  exclusive  power  to,  and  shall  during  the 
time  they  shall  be  directed  to  do  so,  try,  prove  and  seal  all  scales,  beams,  weights 
and  measures  used  in  the  city  for  the  purpose  of  buying  and  selling,  without  giv- 
ing any  notice:  Provided,  that  they  shall  not  receive  or  charge  compensation  or 
fees  for  performing  these  duties  other  than  their  regular  salary  as  members  of  the 
force.  The  Commissioner,  through  a  proper  member  to  be  designated  by  him, 
shall  collect  all  license  moneys  under  the  laws  of  the  state,  the  charter  and  ordi- 
nances of  the  city,  and  shall  account  for  and  pay  the  same  to  the  officer  authorized 
by  law  to  receive  them.  Tlie  person  designated  shall  have  exclusive  power  to  col- 
lect such  moneys  in  the  city.  The  Commissioner  shall  designate  a  member  to  per- 
form the  duties  of  harbor  master,  and  the  person  so  designated  shall  have  the 
exclusive  power  to  perform  such  duties  in  the  city  under  the  ordinances  of  the 
city.  The  Commissioner  shall  also  appoint  from  time  to  time,  as  he  may  deem  fit, 
one  or  more  city  scavengers,  who  shall  have  the  exclusive  power  to  perform  the 
duties  of  such  employment  in  the  city,  and  shall  be  liable  to  such  penalties  as  are  or 
may  he  prescribed  by  the  ordinances. 


CITY  CHARTER— CHAPTER  X.  97 

Deputy — Powers  and  Duties: 

Sec.  8.  The  Deputy  Commissioner,  in  addition  to  such  other  powers  con- 
ferred and  duties  prescribed  by  the  Commissioner,  shall  be  the  property  clerk  of 
the  department.  As  such  he  shall  give  bonds  in  an  amount  and  with  securities  to 
be  approved  by  the  Commissioner,  conditioned  for  the  safe-keeping  by  him,  and 
his  rendition  upon  the  order  of  the  Commissioner,  of  all  moneys  and  other  prop- 
erty which  shall  come  into  his  hands  by  virtue  of  his  office.  He  may  also  admin- 
ister the  constitutional  oath  of  office  to  any  member  of  the  force  when  so  required 
by  the  Commissioner,  and  may  issue  subpoenas,  when  directed  by  the  Commis- 
sioner and  attested  in  his  name,  to  compel  the  attendance  before  the  Commissioner 
of  witnesses  upon  any  proceeding  authorized  by  the  general  rules  and  regulations, 
or  upon  the  hearing  of  complaints. 

Superintendent — Powers  and  Duties: 

Sec.  9.  The  Superintendent  shall  make  to  the  Commissioner  quarterly  reports 
in  writing  of  the  state  of  the  force,  with  such  statistics  and  suggestions  as 
he  may  deem  advisable  for  the  enforcement  of  the  police  government  and  disci- 
pline. He  shall  also  have  such  other  powers  as  are  herein  provided  or  may  be 
conferred  by  the  Commissioner.  The  police  force  shall  respect  and  obey  the 
Superintendent  as  the  head  and  chief  thereof,  subject  to  the  rules,  regulations  and 
general  orders  of  the  Commissioner.  In  the  absence  of  the  Superintendent,  the 
deputy  superintendent  shall  have  and  exercise  all  the  powers  of  the  Superin- 
tendent. 

Public  Hearing  of  Complaints : 

Sec.  10.  The  Commissioner  shall  be  at  his  office  in  the  central  station  and 
accessible  to  all  persons  desiring  to  confer  with  him  or  to  make  complaints  touch- 
ing the  conduct  of  any  member  of  the  force  on  at  least  two  days  in  each  week,  for 
a  period  of  not  less  than  three  hours  each  day.  which  days  and  hours  he  shall  desig- 
nate in  public  orders ;  shall  act  upon  any  such  complaint  within  a  reasonable  time 
thereafter ;  and  shall  direct  the  deputy  commissioner  to  make  proper  records  of 
the  complaints  and  of  his  action  thereon. 

Resignation  From  Force: 

Sec.  11.  No  member  shall  withdraw  or  resign  from  the  force,  unless  he  shall 
have  first  given  the  Superintendent  notice  thereof  at  least  seven  days  in  advance. 
Failure  to  comply  with  this  requirement  shall  be  punished  by  forfeiture  of  the 
pav  which  may  be  due  to  the  member  so  failing. 

Pensions  to  Widows  and  Children: 

Sec.  12.  Whenever  any  member  shall  be  killed  or  die  from  the  effects  of 
injuries  received  while  in  the  performance  of  duty,  and  shall  leave  a  widow,  his 
widow  shall,  during  her  life  or  until  she  shall  remarry,  be  paid  a  pension  of  twenty- 
five  dollars  per  month.  When  such  member  shall  leave  children,  his  widow 
shall  be  paid  an  additional  sum  of  five  dollars  per  month  for  each  child  so  left. 
Upon  her  death  or  remarriage  the  pension  of  five  dollars  per  month  for  each  child 
^hall  be  paid  to  the  legal  guardian  thereof.  When  such  member  shall  leave  chil- 
dren but  no  widow,  a  pension  of  eight  dollars  per  month  for  each  child  shall  be 
paid  to  the  guardian  thereof,  to  be  used  in  providing  for  the  proper  care,  education 
and  maintenance  thereof.  .'Kny  pension  paid  on  behalf  of  any  child  shall  cease 
upon  the  death  of  such  child  or  upon  its  attaining  its  sixteenth  year. 


98 


CITY  CHARTER— CHAPTER  X. 


Pension  for  Total  or  Partial  Disability: 

Sec.  13.  Whenever  any  member  shall  become  totally  disabled  from  injuries 
received  while  in  the  performance  of  his  duties,  he  shall  be  paid  a  pension  of  fifty 
dollars  per  month  during  his  life  or  while  such  total  disability  shall  continue. 
Total  inability  to  perform  manual  labor,  total  loss  of  eyesight,  loss  of  speech,  or 
loss  of  right  arm  or  both  legs  shall  constitute  total  disability  within  the  meaning 
of  the  Charter.  Whenever  any  member  shall,  from  the  effects  of  injuries  sustained 
while  in  the  performance  of  his  duties,  lose  his  left  arm,  hearing,  one  eye,  nose, 
one  leg,  loss  of  fingers  on  either  hand,  or  of  any  other  member  of  the  body, 
which  comes  within  the  common  law  definition  of  mayhem,  he  shall  be  entitled 
to  such  pension  as  the  Police  Pension  Committee,  herein  provided,  shall  allow,  but 
such  pension  shall  not  exceed  fifty  dollars  per  month. 

Police  Pension  Committee: 

Sec.  14.  Whenever  any .  person,  shall  be  entitled  to  a  pension  hereunder,  lie 
shall  present  a  petition  to  the  Common  Council  praying  that  he  may  be  allowed 
the  same.  Upon  the  presentation  of  such  petition,  the  President  of  the  Common 
Council  shall  immediately  appoint  two  Aldermen  who,  together  with  the  Mayor, 
the  President  of  the  Common  Council,  the  Controller  and  the  Commissioner  of 
Police,  shall  constitute  the  Police  Pension  Committee.  The  Mayor  shall  be  chair- 
man of  the  committee.  The  committee  shall  consider  the  petition,  determine 
whether  the  applicant  is  entitled  to  a  pension  hereunder,  and  report  their  deter- 
mination to  the  Common  Council  at  its  next  regular  meeting.  If  the  committee 
shall  find  the  applicant  to  be  entitled  to  a  pension,  the  Common  Council  shall 
order  the  name  of  the  applicant  placed  upon  a  pension  roll  to  be  provided  by  the 
City  Clerk,  and  thereafter  the  applicant  shall  be  entitled  to  draw  such  pension, 
as  herein  provided,  from  the  date  of  the  death  of  the  member  or  from  the  date  of 
receiving  the  injury  resulting  in  partial  or  total  disability :  Provided,  that  the  City 
Clerk  may  fix  a  day  in  each  month  for  the  payment  of  such  pension,  notification  of 
which  day  shall  be  sent  to  each  person  entitled  to  such  pensions,  and  such  day 
when  fixed  shall  not  be  changed  during  the  official  term  of  the  City  Clerk.  All 
determinations  of  the  Police  Pension  Committee  shall  be  final. 

Pension  Warrants  Drawn  by  City  Clerk : 

Sec.  15.  All  pensions  herein  provided  shall  be  paid  by  warrants  drawn  and 
signed  by  the  City  Clerk  and  countersigned  by  the  Controller,  upon  the  City  Treas- 
urer. 

Special  Pensioners  Named: 

Sec.  16.  The  appropriate  police  pension  provisions  of  this  charter  shall  apply 
in  the  case  of  the  widows  and  children  of  George  Kimball,  .^lonzo  Bullard. 
.\lbert  T.  Thayer  and  Edward  Schumaker. 

Retirement  on  Reduced  Pay : 

Sec.  17.  Whenever  any  member  shall  have  become  disabled  or  incapacitated 
while  in  the  active  performance  of  duty,  and  whenever  any  member  shall  have 
performed  faithful  service  as  a  member  for  a  period  of  not  less  than  twenty-five 
years,  the  Commissioner  shall,  upon  application  of  the  member,  retire  him  from 
regular  active  service,  and  place  him  upon  the  retired  list,  and  the  Commissioner 
may  retire  any  member  after  a  service  of  twenty-five  years  and  place  him  on 
the  retired  list.  Any  member,  when  so  retired,  shall  be  paid,  if  superintendent, 
seventy-five  dollars  per  month;  if  chief  of  detectives,  seventy  dollars  per  month; 


CITY    CHARTER— CHAPTER    X.  99 

if  deputy  superintendent,  sixty-five  dollars  per  month;  if  captain,  sixty  dollars  per 
month;  if  lieutenant,  fifty-five  dollars  per  month;  if  sergeant,  fifty  dollars  per 
month ;  if  other  member  drawing  a  salary  of  not  less  than  one  thousand  dollars  a 
year,  fifty  dollars  per  month  ;  or  if  any  other  member  forty-five  dollars  per  month  ; 
Provided,  that  the  surgeon  or  some  other  competent  physician,  authorized  by 
the  Commissioner  and  acting  in  the  premises,  shall  certify  to  the  Commissioner  in 
writing  that  such  member  is  permanently,  physically  or  mentally,  incapacitated 
from  regular  active  duty,  which  finding  shall  be  approved  by  the  Commissioner, 
and  duly  recorded.  But  no  member  shall  be  so  retired  until  he  shall  have  been 
duly  notified  by  the  Commissioner  of  intention  to  so  retire  him,  and  until  he  shall 
have  had  opportunity  of  being  heard  in  opposition  thereto.  ,  Any  member,  deem- 
ing himself  entitled  to  the  benefits  herein  provided,  may  make  a  written  applica- 
tion to  the  Commissioner  for  such  benefits.  Thereupon,  the  Commissioner  shall 
appoint  four  members,  two  of  whom  shall  be  attached  to  the  station  or  precinct 
to  which  the  applicant  belongs,  who,  together  with  the  Commissioner,  shall  con- 
stitute a  committee  to  hear  and  determine  such  application.  If  the  committee 
shall  grant  the  application,  and  if  the  surgeon  shall  in  writing  recommend  such  ac- 
tion, the  Commissioner  shall  retire  the  applicant,  as  herein  provided. 

Status  of  Retired  Members: 

Sec.  18.  Members  on  the  retired  list  shall  be  subject  to  the  orders  and  disci- 
pline of  the  department,  shall  perform  such  duties  as  may  be  required  of  them, 
and  shall  be  subject  to  dismissal  and  to  punishment  in  the  same  manner  as  mem- 
bers in  the  regular  active  service. 

Return  of  Retired  Members  to  Duty : 

Sec.  19.  The  Commissioner  may  at  any  time  require  any  member  on  the  re- 
tired list,  except  those  retired  by  reason  of  having  served  for  twenty-five  years, 
to  be  re-examined  by  the  surgeon  or  some  other  competent  physician  authorized 
by  the  Commissioner  to  act  in  the  premises.  If  on  such  re-examination  any  mem- 
ber shall  be  reported  capable  of  performing  regular  duty,  the  Commissioner  may 
require  him  to  return  to  regular  duty  in  the  same  rank  or  grade  in  which  he  was 
serving  at  the  time  of  his  retirement;  nor  shall  he  be  reduced  in  rank  and  again 
retired  until  he  shall  have  served  for  at  least  one  year  in  active  service  on  full  pay 

Those  Ineligible  to  Retirement  on  Pay : 

Sec.  20.  Nothing  in  this  act  shall  be  construed  to  apply  to  special  policemen 
or  to  patrolmen  appointed  at  the  request  and  expense  of  private  parties;  nor  shall 
any  person  in  the  actual  receipt  of  a  pension  for  injuries  received  as  a  member 
draw  any  pay  hereunder. 

Sources  of  Reduced  Pay : 

Sec.  21.  All  rewards  and  proceeds  of  gifts  and  emoluments  that  may  be  al- 
lowed by  the  Commissioner  to  be  given  or  paid  on  account  of  extraordinary  ser- 
vices of  members,  all  unclaimed  money,  the  proceeds  arising  from  the  sale  of  un- 
claimed property,  all  dog  license  money  received  for  licensing  dogs,  all  dog  fees 
for  the  capture  of  vagrant  dogs,  all  moneys  received  from  the  sale  and  for  release 
of  dogs  of  any  value,  all  fines  imposed  by  the  Commissioner  upon  members  for 
violation  of  rules,  and  all  moneys  received  from  privately  employed  patrolmen 
shall  be  paid  into  the  city  treasury,  and  apply  on  the  payment  of  the  reduced 
salaries  herein  provided. 


100  CITY   CHARTER— CHAPTER   X. 

Acceptance  of  Fees,  Gifts,  Etc. : 

Sec.  22.  No  member  shall  receive  or  share  in,  under  any  pretence  whatever, 
any  present,  fee,  gift  or  emolument  for  police  services,  other  than  the  regular  sal- 
ary and  pay  herein  provided,  except  with  the  consent  of  the  Commissioner.  Every 
member  shall  return  to  the  deputy  commissioner,  to  be  disposed  of  as  herein  pre- 
scribed, every  present,  fee,  gift  or  emolument  received  by  him,  except  when  the 
Commissioner  shall  permit  him  to  retain  the  same  for  his  own  use.  The  Commis- 
sioner shall  dispose  of  all  moneys  and  proceeds  of  all  property  received  from  this 
source  as  if  the  same  had  been  paid  or  given  for  extraordinary  services,  as  herein 
prescribed.  No  member  shall  receive  or  share  in  any  fee,  gift  or  reward  from  any 
person  who  may  become  bail  for  the  appearance  of  any  arrested,  accused  or  con- 
victed person,  or  who  may  become  surety  for  any  such  person  on  appeal  from  the 
judgment  or  decision  of  any  court  or  magistrate,  or  any  fee,  gift  or  reward  in 
any  case  from  any  attorney-at-law  who  may  prosecute  or  defend  any  person 
arrested  or  prosecuted  for  anv  offense  within  the  county  of  Wayne.  No  member 
shall  directly  or  indirectly  interest  himself  in  behalf  of  or  interfere  in  any  man- 
ner whatever  against  persons  arrested  or  accused,  except  in  the  performance  of 
the  duties  of  his  office.  The  Commissioner  shall  immediately  remove  from  office 
any  member  who  shall  violate  any  of  the  foregoing  provisions. 

Entering  of  Saloons,  Etc.,  Prohibited: 

Sec.  23.  No  member  of  the  force  shall,  while  on  duty,  enter  any  drinking  or 
gaming  saloon  or  other  place  where  liquors  are  sold  to  be  drunk  on  the  premises, 
or  house  of  prostitution,  except  for  the  purpose  of  discharging  some  of  the  duties 
of  his  office. 

Books,  Registers,  Records,  Etc. : 

Sec.  24.  The  Commissioner  shall  cause  to  be  kept  general  complaint  book^,  in 
which  shall  be  entered  every  complaint  preferred  upon  personal  knowledge  of  the 
circumstances  thereof,  with  the  name  and  residence  of  the  complainant,  books  for 
the  registry  of  lost,  missing  or  stolen  property  for  the  general  convenience  of  the 
public  and  of  the  force  and  books  of  record  in  which  shall  be  entered  the  name 
of  every  member  of  the  force,  the  time  and  place  of  his  nativity,  the  time  and  place 
of  his  becoming  a  citizen  (if  born  out  of  the  United  States),  his  age,  his  former 
occupation,  the  number  of  his  family  and  the  residence  thereof,  the  date  of  his 
appointment  and,  if  dismissed,  of  dismissal  from  office,  with  the  cause  of  the 
latter.  In  every  such  record  sufficient  space  shall  be  left  against  all  such  entries 
for  recording  in  the  number  of  arrests  of  each  member  and  any  special  service 
deemed  meritorious  by  the  Commissioner.  The  Commissioner  shall  also  cause  to 
be  kept  in  proper  books  the  accounts  of  the  department,  and  a  record  of  its  pro- 
ceedings :  shall  cause  to  be  kept  and  bound  all  police  returns  and  reports ;  shall 
preserve  and  file  copies  of  all  bills  audited  and  allowed  by  him.  and  shall  keep 
an  accurate  account  of  all  expenses  of  the  department. 

Police  Precincts  and  Stations: 

Sec.  25.  For  more  effectually  distributing  and  enforcing  its  police  govern- 
ment and  discipline,  the  Commissioner  shall,  without  regard  to  ward  boundaries, 
divide  the  city  into  precincts,  and  assign  captains  of  police,  or  other  proper  officer 
of  police,  to  each  precinct,  as  he  shall  deem  for  the  best  interests  of  the  city.  He 
may  from  time  to  time  establish  a  station  or  substation  in  each  precinct  for  the 
accommodation  of  the  police  force  on  duty  therein.  He  shall  provide  all  neces- 
sary accommodations  in  each  precinct  station  house  for  the  lodging  of  vagrant* 


CITY  CHARTER— CHAPTER  X.  101 

antl  disorderly  persons,  and  for  the  detention  of  persons  arrested  for  offenses. 
He  shall  suitably  furnish,  warm  and  light  the  same  by  day  and  night.  He  shall 
also  provide  food  for  any  person  or  ])ersons  detained  in  any  station  house,  when 
the  officers  of  police  in  charge  shall  deem  food  necessary  for  such  person  or  per- 
sons. 

Place  of  Detention  for  Witnesses: 

Sec.  26.  The  Comriiissioner  shall  also  provide  suitable  accommodations  in  the 
city  for  the  detention  of  witnesses  who  may  be  unable  to  furnish  security  for  their 
appearance  in  criminal  proceedings ;  but  such  accommodations  shall  be  in  places 
other  than  those  for  the  detention  of  persons  charged  with  crime,  fraud  or  dis- 
orderly conduct.  All  magistrates  shall,  in  committing  witnesses,  have  regard  to 
the  rules  and  regulations  of  the  department  in  respect  of  their  detention. 

Witnesses  Before  Commissioner,  Etc. : 

Sec.  27 .  The  Commissioner,  deputy  commissioner  and  superintendent  may 
administer,  take,  receive  and  subscribe  all  affirmations  and  oaths  to  witnesses  sum- 
moned and  appearing  in  any  matter,  proceeding,  or  hearing  before  the  commis- 
sioners, or  to  any  depositions  necessary  under  the  general  rules  or  regulations. 
Any  witness  or  any  person  making  depositions  before  any  of  the  three  officers  of 
police  herein  named,  who  shall  wilfully  and  corruptly  swear  falsely,  to  any 
material  fact  in  any  necessary  proceedings  under  the  rules  and  regulations,  shall  be 
guilty  of  perjury,  and,  on  conviction,  shall  be  punished  accordingly.  The  pro- 
vision of  law  now  existing  in  respect  of  the  attachment  of  witnesses  before  Jus- 
tices of  the  Peace  and  their  compulsory  attendance  for  the  purpose  of  testifying 
before  them  shall  apply  in  the  case  of, witnesses  subpoenaed  before  the  Commis- 
sioner. 

Service  of  Process  in  Criminal  Cases,  Etc. : 

Sec.  28.  The  members  of  the  force  shall  serve  all  process  within  the  city  issu- 
ing from  the  Recorder's  court,  the  police  court,  and  the  Justices  of  the  Peace  in 
criminal  cases,  whether  directed  to  the  sheriff,  constables  or  otherwise.  They 
shall  be  detailed  by  the  proper  officers  of  police  to  attend  all  courts  of  criminal 
j'.iris(l!clion  of  the  city  instead  of  deputy  sheriffs  or  constables.  They  shall  per- 
form all  the  duties  now  performed  by  deputy  sheriffs  in  serving  writs,  executing 
orders  of  the  court,  attending  the  court,  conveying  prisoners  to  and  from  the 
county  jail  for  arraignment  or  trial  before  the  court,  and  in  conveying  prisoners 
to  tlie  house  of  correction,  the  reform  school,  county  jail,  state  prison  or  other 
place  of  punishment  or  imprisonment,  under  the  judgment,  sentence,  order  or 
process  of  the  court.  In  no  case  shall  deputy  sheriffs  or  any  constable  of  the  city 
receive  or  be  paid,  by  the  countv  or  state,  any  fee  or  compensation  for  services 
herein  provided,  to  be  performed  by  members  of  the  force.  The  actual  expen-^es 
of  travel  and  of  performing  duties  under  this  section  shall  be  paid  by  the  County 
of  Wayne,  upon  bills  allowed  by  the  Commissioner. 

Pursuit  and  Apprehension  of  Criminals: 

Sec.  29.  Whenever  any  crime  shall  be  committed  in  the  city,  and  the  person 
or  persons  accused  or  suspected  of  being  guilty  shall  flee  from  justice,  the  Com- 
missioner may  authorize  any  person  or  persons  to  pursue  and  arrest  such  accused 
or  suspected  person  or  persons,  and  return  him  or  them  to  the  proper  court  having 
jurisdiction  of  the  offense  for  trial.  In  all  cases  in  which  criminals  shall  be 
charged  with  ofi'enses  in  the  city,  the  Commissioner  shall  audit  and  allow  all  bills 


102  CITY   CHARTER— CHAPTER   X. 

for  traveling  expenses  incurred  by  members  of  the  force  or  by  any  other  officer 
or  person  in  the  pursuit  of  criminals,  and  shall  present  the  same  to  the  Board  of 
County  Auditors  of  the  County  of  Wayne  for  payment.  The  Board  of  County 
Auditors  shall  not  allow  or  cause  to  be  paid  by  the  county  any  bill  or  account  for 
the  pursuit  or  apprehension  of  criminals,  charged  with  or  suspected  of  the  com- 
mission of  crime  in  the  city,  unless  the  bill  or  account  shall  be  presented  by  the 
Commissioner  and  endorsed  as  allowed  by  him. 

Powers  of  Arrest,  Detention,  Etc. : 

Sec.  30.  The  Commissioner,  superintendent,  deputy  superintendent,  or  any 
member,  who  shall  have  just  cause  to  suspect  any  felony  is  being,  or  is  about  to 
be,  committed  within  any  building,  public  or  private,  or  on  any  wharf  or  inclosure. 
or  aboard  any  ship,  boat  or  vessel  within  the  city,  may  enter  the  same  at  all  hours 
of  the  day  or  night  to  take  all  necessary  measures  for  the  effectual  prevention  of 
all  felonies,  may  then  and  there  take  into  custody  all  persons  being  concerned  in 
such  felony,  and  may  also  take  charge  of  all  property  which  he  or  they  shall  have 
then  or  there  just  cause  to  suspect  to  have  been  stolen.  The  Commissioner  or  any 
officer  of  police  shall  cause  to  be  brought  before  one  of  the  police  justices  of  the 
city  at  the  police  court,  within  a  reasonable  time  after  arrest,  every  person 
arrested  by  any  member  on  suspicion  of  felony,  or  for  any  other  cause.  The  police 
justice,  before  whom  such  person  shall  have  been  brought,  on  hearing  the  grounds 
of  the  charge  may  by  written  order  remand  such  person  to  the  custody  of  the 
police  for  a  period  of  twenty-four  hours.  He  may  also  from  time  to  time  renew 
such  remand  at  intervals  of  twenty- four  hours ;  Provided,  that  no  such  person 
shall  be  actually  detained  in  prison  for  more  than  ten  days  by  such  order.  If  such 
person  shall  furnish  a  bond  in  such  amount  and  with  such  sureties  as  the  police 
justice  may  order,  conditioned  that  the  suspected  person  shall  appear  in  the  police 
court  on  a  day  named  and  from  day  to  day  thereafter,  as  the  police  justice  may 
order,  to  answer  to  any  charge  that  may  be  presented  against  him,  he  shall  on 
furnishing  the  required  bond,  be  discharged  from  custody.  The  members  shall 
also  serve  and  execute  all  process  and  subpoenas  issued  in  the  Recorder's  court  and 
the  police  court. 

Treatment  of  Persons  Arrested: 

Sec.  31.  In  every  case  of  arrest  the  member  making  it  shall  report  it  to  the 
captain  or  sergeant  on  duty  in  the  precinct  in  which  the  arrest  shall  have  been 
made.  The  captain  or  sergeant  shall,  as  soon  as  practicable  after  such  notice, 
make  a  written  return  thereof  according  to  the  rules  and  regulations,  together 
with  the  name  of  the  person  arrested,  offense,  place  of  arrest  and  place  of  deten- 
tion. All  persons  arrested  by  the  force  shall  be  detained,  while  in  their  custody, 
only  in  the  places  provided  for  that  purpose.  Necessary  and  usual  articles  of 
clothing  or  personal  apparel  upon  the  person  or  in  the  possession  of  persons 
arrested  and  detained  shall  not  be  taken  or  seized,  unless  there  shall  be  reason  to 
suspect  that  the  same  has  been  stolen  or  obtained  unlawfully.  No  trial  or  exami- 
nation of  any  person  arrested  shall  be  held  in  the  office  of  the  superintendent  or 
of  the  Commissioner.  Every  person  arrested  by  the  police,  charged  with  the  vio- 
lation of  any  city  ordinance,  shall  be  entitled  to  give  special  bail  for  his  appear- 
ance to  answer  to  such  charge ;  but  no  member  of  the  police  force  shall  become  or 
furnish  bail  for  any  person  arrested. 

Houses  of  Prostitution,  Gaming  Houses,  Etc. : 

Sec.  32.  If  any  member,  or  any  two  or  more  householders,  shall  report  in 
writing,  over  his  or  their  signatures  to  the  superintendent  that  there  are  good 


CITY  CHARTER— CHAPTER  X.  103 

grounds,  which  grounds  shall  be  stated  in  the  report,  for  believing  any  house, 
room  or  premises  within  the  city  to  be  kept  or  used  as  a  bawdy  house,  house  or 
place  for  the  resort  of  prostitutes,  common  gartiing  house,  common  gaming  room, 
or  common  gaming  premises  for  therein  playing  for  wagers  of  money  at  any  game 
of  chance,  or  for  the  deposit  or  sale  of  lottery  tickets  or  lottery  policies,  or  cock- 
pit, or  place  for  harboring  criminals,  concealing  stolen  property,  or  carrying  on 
any  trade,  occupation,  calling,  practice  or  act  prohibited  by  law,  the  superintendent 
may  in  writing  authorize  any  one  or  more  members  to  enter  the  same.  Such  mem- 
ber or  members  may  forthwith  enter  and  arrest  all  persons  therein  found,  seize  all 
implements  of  gaming,  lottery  tickets,  or  lottery  policies,  and  convey  any  person 
so  arrested  before  a  magistrate,  and  bring  the  articles  so  seized  to  the  deputy 
commissioner.  The  superintendent  shall  cause  any  person  so  arrested  to  be  prose- 
cuted vigorously  and  the  articles  seized  to  be  destroyed,  as  the  orders,  rules  and 
regulations  of  the  department  shall  direct. 

Procedure  Regarding  Burglars'  Tools: 

Sec.  33.  Members  of  the  force  shall  seize  all  burglars'  tools  wherever  found, 
and  if  the  owner  thereof  can  be  discovered,  they  shall  complain  of  him.  If  he 
shall  be  found  guilty  under  such  complaint,  the  superintendent  or  some  captain 
shall  destroy  or  so  mutilate  the  tools  that  they  cannot  be  used  for  burglarious  pur- 
poses again ;  but  if  the  owner  shall  not  be  found  guilty  the  tools  shall  be  returned 
to  him.  If  the  owner  of  the  tools  shall  not  be  found  within  ten  days  after  their 
seizure,  the  superintendent  or  some  other  member  shall  take  the  same  to  the 
police  justice,  and  make  oath  before  him  of  the  time  when  and  place  where  the 
tools  were  found.  If  the  police  justice  shall  find  that  the  tools  are  burglars' 
tools,  he  shall  order  the  same  to  be  destroyed  by  the  superintendent  or  some  cap- 
tain; but  if,  upon  the  examination  of  any  person  upon  complaint  hereunder,  he 
shall  decide  that  any  of  the  tools  are  not  burglarious,  such  tools  shall  be  returned 
to  the  owner.  If,  upon  the  tools  being  brought  before  him,  the  owner  of  which 
cannot  be  discovered,  he  shall  decide  that  all  or  part  of  them  are  not  burglarious, 
such  as  he  shall  decide  to  be  not  burglarious  shall  be  left  and  disposed  of  in  the 
same  manner  as  is  provided  for  property  found  by  the  police. 

Disposal  of  Stolen  and  Other  Property : 

Sec.  34.  ]\Iembers  who  shall  officially  seize  any  stolen  or  other  property  taken 
or  found  in  the  possession  of  any  person  or  persons  arrested,  shall  deposit  all 
such  with  the  deputy  commissioner  who  shall  keep  the  same  in  a  place  to  be 
designated  by  the  Commissioner.  If  any  member  shall  neglect  or  refuse  to 
deposit  the  property,  as  herein  provided,  he  shall  be  guilty  of  a  misdemeanor  and 
subject  to  indictment  on  information.  Upon  conviction  he  shall  be  fined  in  a  sum 
not  less  than  the  value  of  the  property,  nor  exceeding  three  thousand  dollars,  and 
be  imprisoned  for  not  more  than  one  year.  The  sentence  of  the  court  shall  operate 
to  remove  the  person  so  convicted  from  office.  All  property  or  money  taken  on 
suspicion  of  having  been  feloniously  obtained  or  of  being  the  proceeds  of  crime 
and  for  which  there  is  no  other  claimant  than  the  person  from  whom  it  was  taken, 
all  lost  property  coming  into  the  possession  of  any  member,  and  all  property  and 
money  taken  from  pawnbrokers  as  the  proceeds  of  crime,  or  from  any  insane  or 
intoxicated  person  or  persons  otherwise  incapable  of  taking  care  of  himself  or 
themselves,  shall  be  registered  by  the  deputy  commissioner  in  a  book  kept  for  that 
purpose,  together  with  the  name  of  the  owner,  if  ascertained,  the  name  of  the 
place  where  found,  the  name  of  the  person  from  whom  taken,  the  general  circum- 
stances and  date  of  its  receipt  and  the  name  of  the  officer  recording  the  same.     If 


104  CITY   CHARTER— CHAPTER    X. 

the  owner's  name  shall  not  have  been  ascertained,  tlie  deputy  commissioner  shall 
advertise  all  such  property  and  money  in  such  a  manner  as  the  rules  and  regula- 
tions of  the  department  shall  prescribe.  An  inventory  of  the  money  or  other 
property  shall  be  given  to  the  person  from  whom  the  same  shall  have  been  taken. 
If  no  other  person  or  persons  shall  claim  such  money  or  other  property  within 
ten  days  of  such  arrest  and  seizure,  the  same  shall  be  delivered  to  the  person  from 
whom  it  shall  have  been  taken,  and  to  no  other  person,  except  by  order  of  the 
Commissioner.  If  said  money  or  other  property  shall,  within  ten  days,  be  claimed 
by  any  other  person  than  the  one  from  whom  it  shall  have  been  seized,  the  deputy 
commissioner  shall  retain  the  same  until  after  the  discharge  or  conviction  of  the 
person  from  whom  the  same  shall  have  been  taken.  If  the  claimant  or  claimants 
shall,  to  the  satisfaction  of  the  court  before  which  the  person  from  whom  such 
money  or  property  shall  have  been  taken  shall  have  been  brought,  establish  that 
he  or  they  are  the  rightful  owners  of  the  same,  the  same  shall  be  restored  to  him  or 
them  upon  the  order  of  the  court.  But  if  the  court  shall  make  no  order,  the  prop- 
erty shall  be  returned  to  the  accused  personally.  All  property  and  money  which 
shall  remain  in  the  custody  of  the  deputy  commissioner  for  the  period  of  six 
months  without  any  lawful  claimant  thereto  shall  belong  to  the  police  health  insur- 
ance fund.  Thereupon  the  deputy  commissioner  shall  advertise  all  such  property 
three  times  in  some  newspaper  of  the  city,  sell  it  and  pay  the  proceeds,  together 
with  all  such  moneys,  to  the  City  Treasurer  for  the  fund. 

Nuisances,  Fires,  Strangers,  Etc.: 

Sec.  35.  The  Commissioner  shall  cause  nuisances  existing  in  the  public  streets, 
roads,  places,  highways,  yards  and  outhouses  to  be  removed  ;  shall  report  all  leaks 
and  defects  in  water  pipes  and  sewers  and  all  defective  and  dangerous  sidewalks 
to  the  proper  authorities ;  shall  provide  a  proper  force  at  every  public  fire  to  pro- 
tect the  firemen  in  the  performance  of  their  duties,  and  to  preserye  property  for 
the  owners  thereof ;  and  shall  protect  strangers  and  travelers  at  steamboat  land- 
ings and  railway  stations. 

Disorderly  Persons: 

Sec.  36.  Any  person  who  is  a  pimp,  or  procurer,  or  gambler,  or  who  is  a 
vagrant  tramp,  or  who  frequents  houses  of  ill- fame,  or  places  where  gaming  for 
money  is  carried  on,  or  any  person  in  whose  possession  burglar's  tools  shall  be 
found,  for  the  possession  of  which  he  cannot  account  satisfactorily ;  any  person 
who  is  a  disorderly  person  as  defined  by  the  laws  of  the  state ;  any  female  who  is 
a  prostitute  or  any  person  who  maintains  or  carries  on  a  house  of  prostitution  or 
assignation,  shall  be  deemed  a  disorderly  person  and  shall  be  complained  against, 
examined  and  dealt  with  in  such  manner  as  is  or  mav  be  provided  by  the  laws  of 
the  state  for  disorderly  persons. 

Misdemeanors  Against  the  Force,  Etc. : 

Sec.  37.  Any  person  who  shall,  without  justifiable  or  excusable  cause,  use 
personal  violence  upon  any  elector  while  attending  the  polls  on  any  election  day,  or 
upon  any  member  of  the  force  when  in  the  discharge  of  his  duty ;  or  who,  not 
being  a  member  of  the  force,  shall  falsely  represent  himself  with  a  fraudulent 
design  as  being  a  member,  shall  be  guilty  of  a  m-isdemeanor,  and  on  conviction, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not  more  than  90  days. 

Requisition  of  Information : 

Sec.  38.  The  Commissioner  shall,  when  consistent  herewith,  furnisli  all 
information  desired  and  comply  with  all  requests  made  by  the  Common  Council 


CITY   CHARTER— CHAPTER   X.  105 

or  by  the  Mayor,  to  quell  riots,  suppress  insurrections,  protect  the  property  anil 
preserve  the  public  tranquility. 

II:    Department  of  Fire  Protection. 

General  Powers  and  Duties: 

Sec.  39.  The  Fire  Commission  as  head  of  the  Department  of  Fire  Protection 
shall  possess  and  exercise  fully  and  exclusively  all  the  powers  and  perform  all  the 
duties  pertaining  to  the  government,  management,  maintenance  and  direction  of 
the  department  and  of  the  premises  and  property  thereof,  and  shall  have  sole  and 
exclusive  power  and  authority  to  extinguish  fires  in  the  city.  It  may  adopt  a 
common  seal  and  direct  its  use.  It  shall  provide  in  and  for  the  city  all  needed 
supplies,  horses,  tools,  implements,  engines  and  apparatus  of  all  kinds  for  the 
extinguishment  of  fires ;  select  suitable  locations  for  engine  houses,  reservoirs,  and 
fire  hydrants,  and  buy  and  sell  the  same  in  their  discretion ;  construct,  repair  and 
maintain  engine  houses,  reservoirs  and  fire  hydrants,  as  they  shall  judge  best, 
except  as  herein  otherwise  provided,  send  in  its  discretion  any  steam  fire  or  other 
engines,  with  hose  and  apparatus,  to  the  relief  of  any  community  in  the  vicinity; 
collect  fines  and  penalties  imposed  by  the  city  for  the  more  efifective  prevention  of 
fire?  and  the  better  protection  of  life  and  property ;  pay  the  same  to  the  City 
Treasurer  to  apply  on  the  payment  of  the  expenses  of  the  department ;  and  have 
such  other  powers  as  are  herein  prescribed  or  may  be  necessarv  for  the  proper 
discharge  of  its  duties. 

Members  of  the  Fire  Force: 

Sec.  40.  The  Commission  shall  appoint  a  fire  marshal,  one  or  more  assistant 
fire  marshals,  a  chief  engineer,  one  or  more  assistant  engineers,  and  such  engineers, 
foremen,  drivers,  pipemen,  firemen  and  employes  as  may  be  necessary  for  the 
efficient  working  of  the  department.  Firemen,  while  in  the  employ  of  the  depart- 
ment, shall  be  exempt  from  military  and  jury  duty.  The  fire  marshal  shall,  by 
virtue  of  his  office,  be  vested  with  the  powers  of  policeman,  and  shall  hold  office 
at  the  pleasure  of  the  Commission. 

Leave  of  Absence : 

Sec.  41.  The  leave  of  absence  of  all  employes  of  the  department  shall  be,  for 
each  employe,  one  day  of  twenty-four  hours  ofif  duty  in  every  four  days  and 
a  furlough  of  twenty  days  in  each  year,  of  which  at  least  ten  days  shall  be  consecu- 
tive. 

Retirement  on  Half-Pay: 

Sec.  42.  Whenever  any  person  shall  have  been  an  employe  of  the  department 
for  a  period  of  twenty-five  years  subsequent  to  the  twenty-fourth  day  of  Octobfer 
in  the  year  eighteen  hundred  and  sixty,  he  may  be  placed,  by  order  of  the  Com- 
mission, on  the  list  of  retired  firemen  on  account  of  disability.  Whenever  any 
employe  shall  hereafter  be  totally  disabled  in  the  discharge  of  his  duty,  he  may  in 
like  manner  be  placed  on  the  list  of  retired  firemen.  Any  member  who  so 
retires  shall  be  paid  as  follows :  chief  of  the  department  and  assistants,  seventy- 
five  dollars  per  month ;  captains,  sixty  dollars  per  month ;  lieutenants  and 
engineers  of  apparatus,  fifty-five  dollars  per  month ;  and  all  others  fifty  dollars 
per  month.  But  the  provisions  of  this  section  shall  not  be  construed  to  apply 
adversely  to  any  member  of  the  department  who  shall  at  the  time  of  the 


106  CITY   CHARTER— CHAPTER   X. 

adoption  of  this  charter  be  in  the  employ  of  the  department.  Whenever  any 
employe  shall  be  retired,  as  herein  provided,  the  Commission  shall  forthwith 
report  its  action  to  the  Controller,  giving  the  names  of  the  persons  retired, 
together  with  a  full  statement  of  facts  connected  with  the  retirement  thereof. 
The  Controller  shall  register  the  names  of  such  persons  as  being  retired  fire- 
men of  the  Department  of  Fire  Protection. 

List  of  Retired  Firemen  : 

Sec.  43.  The  secretary  shall  keep  a  book  to  be  known  as  the  list  of  retired 
firemen.  This  book  shall  contain  a  full  and  complete  history  and  record  of  the 
action  of  the  Commission  in  retiring  any  and  all  employes  hereunder,  including 
the  name,  date  of  joining  the  department,  date  of  retirement,  and  the  reason 
therefor,  if  any,  of  each  and  every  employe  retired. 

Pensions  for  Widows,  Children,  Etc. : 

Sec.  44.  Whenever  any  employe  of  the  department  shall,  in  the  discharge 
of  his  duty,  be  killed  or  receive  injuries  resulting  in  death  within  one  year 
thereafter,  and  shall  leave  a  widow,  the  widow  shall,  by  order  of  the  Commis- 
sion, be  paid  a  pension  of  twenty-five  dollars  per  month  from  the  date  of 
death  during  her  life,  or  until  she  shall  remarry.  Whenever  such  employe 
shall  leave  a  mother  dependent  upon  him  for  support,  but  no  widow  or  chil- 
dren, the  dependent  mother  shall  receive  a  pension  of  the  same  amount  and 
under  the  same  limitations  as  if  she  had  been  tlie  widow.  \Mienever  such 
employe  shall  leave  one  or  more  children,  but  no  widow,  the  child  or  children 
under  sixteen  years  of  age,  shall  receive  a  pension  of  twenty-five  dollars  a 
month  to  be  equally  divided  among  them.  Whenever  a  widow  receiving  a 
pension  shall  die  and  shall  leave  any  child  or  children  of  such  employe  under  six- 
teen years  of  age,  the  pension  shall  be  paid  to  them  to  be  equally  divided 
among  them.  In  either  case,  such  proportion  of  the  pension  as  each  child 
shall  receive,  shall  be  paid  to  it  monthly  until  it  shall  attain  sixteen  years  of 
age  or  until  it  shall  sooner  die.  In  case  of  the  death  of  one  or  more  children, 
the  surviving  child  or  children,  while  under  sixteen  years  of  age,  shall  receive 
the  share  of  the  pension  belonging  to  the  deceased  child  or  children. 

Applications  for  Pension: 

Sec.  45.  When  the  v/idow,  children,  or  dependent  mother  of  any  deceased 
employe  of  the  department  shall  be  entitled  to  a  pension  as  herein  provided, 
such  widow,  children,  or  dependent  mother  shall  make  application  therefor 
to  the  Commission  through  its  secretary  on  a  form  to  be  provided  by  the 
Commission.  The  application  shall  be  accompanied  with  proof  of  marriage,  if 
the  widow  shall  be  the  applicant,  or  of  birth,  if  the  children  shall  be  the  ap- 
plicants, or  of  dependency,  if  the  mother  shall  be  the  applicant.  Proof  of 
marriage  to  the  deceased  shall  be  established  by  the  marriage  certificate  or 
other  competent  evidence  of  the  marriage  relation,  proof  of  birth  shall  be 
shown  by  the  certificate  of  the  attending  physician,  and  proof  of  dependency 
shall  be  shown  by  affidavit  of  the  mother  and  two  disinterested  persons.  All 
applications  and  proofs  shall  be  retained  in  the  custody  of  the  Commission. 
Whenever  the  Commission  shall  allow  applications  for  pensions,  it  shall  give 
due  notice  of  such  action,  together  with  the  names  of  the  pensioners,  to  the 
Controller,  who  shall  register  such  persons  in  his  office  as  pensioners  of  the 
Department  of  Fire  Protection. 


CITY  CHARTER— CHAPTER  X.  107 

Payment  of  Pensions : 

Sec.  46.  The  Commission  shall,  at  its  last  meeting  in  each  month,  order 
the  payment  of  moneys  due  all  persons  hereunder.  A  voucher  shall  be  pre- 
pared for  the  payment  of  each  person  entitled  to  moneys,  the  correctness  of 
which  the  chairman  of  the  finance  committee  of  the  Commission  shall  certify 
to,  and  the  fact  of  the  allowance  of  the  claim  shall  be  duly  attested  by  the 
President.  Pursuant  to  such  order,  the  secretary  shall  draw  his  warrant  on 
the  Controller  for  the  payment  of  such  moneys.  The  warrant  shall  state  the 
object  for  which  it  is  drawn  and  shall  be  countersigned  by  the  President.  But 
before  issuing  any  warrant  for  the  payment  of  a  pension,  the  secretary  shall 
under  oath  examine  all  pensioners  with  a  view  of  ascertaining  if  they  are  at 
that  time  entitled  to  a  pension  as  herein  provided.  Whenever  the  secretary 
shall  learn  that  any  person  has  ceased  to  be  entitled  to  a  pension  as  herein 
provided,  he  shall  record  the  fact  on  the  roll  of  pensioners  and  forthwith  notify, 
the  Controller  of  such  disability.  Thereupon  such  person  shall  be  dropped 
from  the  rolls.  Upon  presentation  of  the  warrant,  the  Controller  shall  draw 
his  warrant  on  the  City  Treasurer  for  the  amount  of  the  original  warrant.  All 
payments  hereunder  shall  be  made  on  the  first  secular  day  of  each  month.  But 
when  any  claims  for  pensions  shall  be  allowed  after  the  first  day  of  April  in 
each  year,  there  shall  be  no  payment  until  after  the  beginning  of  the  ensuing 
fiscal  year;  Provided,  that  the  first  payment  shall  be  for  the  period  intervening 
between  the  date  of  allowance  of  such  pension  and  the  date  of  making  such 
first  payment. 

Fire  Marshal — Powers  and  Duties: 

Sec.  47.  The  Fire  Marshal  shall,  where  practicable,  be  present  at  all  fires 
in  the  city ;  when  necessary,  make  recommendations  of  precautionary  meas- 
ures for  the  prevention  of  fires ;  prevent  the  transportation  and  storing  within 
the  city  limits  of  all  explosive  oils,  naptha,  benzine,  or  their  products,  under 
whatever  name ;  fireworks,  fire-crackers,  powder,  nitro-glycerine,  dynamite,  or 
any  other  dangerous  substances,  except  only  in  such  quantities  as  the  Com- 
mon Council  may  by  ordinance  allow;  enforce  all  ordinances  governing  the 
same,  and  the  cleaning  of  chimneys ;  on  or  before  the  fifteenth  day  of  February 
in  each  year  make  a  detailed  report  to  the  Commission  of  all  business  trans- 
acted in  his  office  during  the  year,  which  report  shall  be  embodied  in  the 
annual  report  of  the  Commission ;  and  perform  such  other  duties  as  the  Com-' 
mission  may  require. 

Right  of  Way : 

Sec.  48.  The  department,  with  apparatus  of  all  kinds,  shall  have  the  right 
of  way,  going  to  and  at  any  fire,  or  in  any  highway,  street  or  avenue,  over 
any  and  all  vehicles  of  any  kind,  except  those  carrying  United  States  mail. 
-\ny  person  in  or  upon  or  owning  any  vehicle,  who  shall  refuse  the  right  of 
way  or  in  any  way  obstruct  any  fire  apparatus  or  any  employe  of  the  depart- 
ment while  in  the  performance  of  duty,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  accordingly. 

Inquiry  Into  Origin,  Etc.,  of  Fires: 

Sec.  49.  The  Fire  Marshal  shall  examine  into  the  cause,  circumstances  and 
origin  of  all  fires  occurring  in  the  city  by  which  any  building,  erection,  ves- 
-el  or  valuable  personal  property  shall  have  been  accidentally  or  unlawfully 
burned,   destroyed   or  damaged.      He   shall    especially    inquire   and    examine 


108  CITY  CHARTER— CHAPTER  X. 

whether  such  lire  shall  have  been  the  result  of  carelessness  or  the  act  of  an 
incendiary.  He  shall  take  the  testimony,  under  oath,  of  all  persons  thought  to 
be  cognizant  of  any  facts  connected  with  such  fire.  He  shall  have  the  testi- 
mony reduced  to  writing  and  transmit  it  to  the  Commission,  together  with  a 
report  embodying  his  opinions  and  conclusions  thereon.  He  shall  also  report 
to  the  Superintendent  of  Police,  to  the  Prosecuting  Attorney  of  the  County 
of  Wayne,  to  the  Detroit  Board  of  Underwriters,  and  to  the  owners  of  the 
property  or  other  persons  interested  in  the  subject  matter  of  such  investiga- 
tion, any  facts  or  circumstances  ascertained  by  him  which  shall,  in  his  opinion, 
require  attention  from  or  by  any  of  them. 

Right  of  Entry  for  Inspection: 

Sec.  50.  The  Fire  Marshal  shall,  from  time  to  time,  under  tlie  direction  of 
the  Commission,  inspect  all  buildings,  warehouses,  shops,  yards  and  places  in 
the  city  for  the  purpose  of  enforcing  the  ordinances  for  the  prevention  of  fires. 
In  the  performance  of  such  duties  he  may  enter  into  and  upon  any  private 
property,  and  any  person  who  shall  refuse  or  obstruct  such  right  of  entry 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  pun- 
ished accordingly. 

Extension  of  Fire  Limits : 

Sec.  51.  The  Common  Council  may,  on  recommendation  of  the  Commis- 
sion, or  of  the  property  owners  interested,  extend  the  fire  limits  over  all  such 
parts  of  the  city  as  are  thickly  settled,  and  over  such  other  parts  as  may  be 
deemed  necessary,  to  prevent  the  spread  of  fires. 

Enforcement  of  Fire  Ordinances : 

Sec.  52.  The  Commission  shall  cause  to  be  enforced  all  ordinances  and 
provisions  of  law  governing  the  prevention  and  extinguishment  of  fires,  and 
may  at  any  time  call  upon  the  Commissioner  of  Police  for  aid  in  the  enforce- 
ment thereof,  which  aid,  when  requested,  shall  be  promptly  rendered. 

Annual  Report: 

Sec.  53.  The  Commission  shall,  on  or  before  the  first  Monday  in  April 
in  each  year,  make  a  written  report  to  the  Common  Council  of  the  condition 
of  the  department,  together  with  a  list  of  fires,  alarms,  losses  and  insurances 
on  all  property  destroyed  during  the  year.  The  Common  Council  may  also  at 
any  time  require  any  information  respecting  the  same,  the  disclosure  of  which 
will  not  impair  the  usefulness  and  efficiency  of  the  department. 

Monthly  Financial  Report,  Etc.: 

Sec.  54.  The  Commission  shall,  once  each  month,  file  with  the  Controller 
and  City  Treasurer  a  report  giving  the  dates  of  collection,  the  names  and  the 
amounts  of  all  moneys  collected  by  the  Fire  Marshal  for  permits  or  certificates, 
and  also  of  all  amounts  collected  for  penalties  on  information  given,  or  com- 
plaints made  by  him  ;  shall  also  report  all  moneys  received  from  the  sale  of 
Fire  Department  property,  real  estate,  horses,  old  hose  or  material  of  any 
kind ;  and  shall  at  the  time  of  filing  the  report  pay  all  moneys  so  collected  into 
the  city  treasury  to  apply  on  the  expenses  of  the  department. 


CITY   CHARTER— CHAPTER   X.  109 

III:    Department  of  Public  Safety. 

Qualifications  of  Commissioner : 

Sec.  55.  The  Commissioner  of  Public  Safety  shall  have,  in  addition  to 
such  qualifications  as  are  herein  required  of  all  departmental  heads,  both 
theoretical  and  practical  knowledge  of  the  work  of  at  least  one  bureau  in  his 
department.  Before  assuming  office,  he  shall  file  with  the  City  Clerk  a  sworn 
statement  of  his  experience  and  training. 

General  Powers  and  Duties: 

Sec.  56.  The  Commissioner,  as  head  of  the  Department  of  Public  Safety, 
shall  have  general  supervision  and  control  of  all  inspection  of  electric  wires, 
buildings,  plumbing,  drainage,  gas  water-heaters,  boilers,  steam-actuated  machin- 
ery and  other  apparatus  dangerous  to  life  and  property,  of  the  issuing  of 
licenses  and  of  the  signal  service  system  in  the  city;  shall,  by  general  rules 
and  regulations,  prescribe  fees  for  examinations,  permits,  licenses,  inspection 
of  electric  wiring,  boilers,  buildings,  elevators,  plumbing  and  all  other  inspec- 
tion work  of  the  department ;  and  shall  have  such  other  powers  as  are  herein 
prescribed  or  may  be  necessary  for  the  proper  discharge  of  his  duties. 

Annual  Report : 

Sec.  57.  Un  or  before  the  first  day  of  April  in  each  year,  the  Commissioner 
shall  make  a  written  report  to  the  Common  Council  of  the  business  of  the 
department,  in  which  he  shall  show  the  revenues  and  income  of  the  depart- 
ment and  the  expenses  of  the  department,  and  shall  make  an  estimate  of  the 
revenues  and  income  of  the  department  for  the  ensuing  fiscal  year. 

Disposition  of  Income: 

Sec.  58.  All  fees  collected  in  whatever  manner  for  examinations,  permits, 
licenses,  inspection  of  electric  wiring,  boilers,  buildings,  elevators,  plumbing 
and  all  other  inspection  work  of  the  department  shall  be  deposited  with  the 
Commissioner,  who  shall  pay  the  same  to  the  City  Treasurer  to  apply  on  the 
expenses  of  the  department. 

Bureaus  of  Administration: 

Sec.  59.  The  administration  of  the  business  of  the  department  shall  be 
divided  into  the  Bureau  of  Electric  Inspection,  the  Bureau  of  Boiler  Inspec- 
tion, the  Bureau  of  Building  Inspection,  the  Bureau  of  Plumbing  Inspection, 
the  Bureau  of  Signal  Service  and  such  other  bureaus  as  the  Common  Council 
may  provide.    Each  bureau  shall  be  in  charge  of  a  superintendent. 

Appointment  of  Superintendents: 

Sec.  60.  Applicants  for  the  position  of  superintendent  of  any  bureau  shall 
submit  to  such  competitive  examination,  conducted  by  the  Civil  Service  Com- 
mission, as  the  Commissioner  shall  require. 

General  Powers  of  Superintendents : 

Sec.  61.  Each  superintendent  shall,  subject  to  the  approval  of  the  Com- 
missioner, supervise  and  control  the  administration  of  his  bureau;  make  rules 
and  regulations  for  the  conduct  thereof;  and  have  such  other  powers  as  are 
herein  prescribed  or  may  be  necessary  for  the  proper  discharge  of  his  duties. 


110  CITY  CHARTER— CHAPTER   X. 

Board  of  Examiners: 

Sec.  62.  The  superintendents  shall  constitute  a  Board  of  Examiners.  The 
board  shall  make  all  needful  rules  and  regulations  for  and  supervise  the  exam- 
ination of  all  applicants  for  licenses  to  engage  in  work  under  the  supervision 
of  any  bureau ;  shall,  when  necessary  and  with  the  approval  of  the  Commis- 
sioner, call  in  experts  for  advice  on  any  and  all  questions  pertaining  to  the 
examination  of  applicants;  and  shall  issue  licenses  to  such  applicants  as  shall 
be  found  on  examination  to  be  competent  for  the  work  covered  by  the  licenses. 
Each  license  shall  specify  the  class  or  classes  of  work  the  licensee  may  do 
thereunder. 

Regulation  of  Electric  Installation: 

Sec.  63.  The  superintendent  of  the  Bureau  of  Electric  Inspection  shall  be 
an  electrician  of  known  ability ;  shall  control  and  regulate  the  installation  of 
all  electric  wires,  cables  and  conductors  of  whatever  nature,  location  of  poles 
and  conduits  in  streets  and  alleys,  subject  to  the  street  opening  regulations  as 
herein  provided,  inside  wiring  of  every  description,  setting-up  of  electrical 
machinery  and  installation  of  wireless  apparatus ;  and  shall  make  all  needful 
rules  and  regulations  governing  the  same ;  Provided,  that  the  national  electric 
code  of  the  National  Board  of  Underwriters  shall  guide  in  the  work  of  the 
bureau. 

Bonds  for  Electrical  Work: 

Sec.  64.  Any  person  who  shall  engage  in  the  business  of  electrical  work 
shall,  before  entering  upon  such  work  file  a  bond  as  the  Commissioner  of 
Public  Safety  may  require,  said  bond  to  guarantee  that  the  work  done  shall 
be  up  to  all  requirements  both  in  workmanship  and  material  according  to  the 
rules  of  the  department. 

Permits  for  Electrical  Work: 

Sec.  65.  Before  any  person,  firm  or  corporation  shall  begin  the  work  of 
electric  wiring,  installing  electric  apparatus  or  machinery,  the  placing  of 
poles,  conduits,  cables  or  wires  or  the  installation  of  wireless  apparatus,  he 
shall  apply  to  the  superintendent  of  the  Bureau  of  Electric  Inspection  for  a 
permit.  The  superintendent  may  issue  such  permit  upon  the  payment  of  the 
permit  fee  and  the  filing  of  the  necessary  bond  authorizing  the  applicant  to 
do  the  particular  work  specified  in  the  permit.  No  electrical  work  of  whatever 
nature  shall  be  started  except  under  and  pursuant  to  such  permit. 

Inspection  of  Electrical  Work: 

Sec.  66.  The  superintendent  of  the  Bureau  of  Electric  Inspection  shall 
cause  to  be  inspected  all  electrical  work  for  which  he  shall  have  issued  per- 
mits. He  may  prohibit  or  stop  the  installation  of  any  electric  apparatus  or 
any  electric  wiring,  or  placing  of  poles,  conduits,  cables  or  conductor  which 
he  shall  find  not  to  conform  to  the  regulations  of  the  bureau.  On  completion 
of  the  work,  if  it  shall  be  found  by  inspection  to  comply  with  the  rules  and 
regulations,  he  shall  issue  a  certificate  to  that  effect.  No  electrical  wiring  or 
apparatus  shall  be  used  for  any  electrical  purpose  until  such  certificate  shall 
be  issued.  If  within  one  year  after  the  issuing  of  such  certificate,  any  viola- 
tion of  the  rules  and  regulations,  or  any  other  defect  in  such  work  or  mate- 
rials   used    therein    shall    be    discovered,    the    superintendent    may    order    the 


CITY  CHARTER— CHAPTER  X.  Ill 

person  to  whom  the  permit  for  the  work  shall  have  been  issued  to  remedy 
the  defect  and  make  the  same  comply  with  the  rules  and  regulations  within 
such  reasonable  time  as  the  superintendent  shall  fix  in  his  order.  But  if  such 
person  shall  fail  to  comply  with  the  order,  the  superintendent  shall  cause 
such  defective  work  to  be  made  to  comply  with  the  department  rules  govern- 
ing such  work  and  the  cost  of  such  repairs  shall  be  charged  against  the  bond 
of  the  person,  firm  or  corporation  responsible  for  such  defects. 

Bureau  of  Boiler  Inspection: 

Sec.  67.  The  superintendent  of  the  Bureau  of  Boiler  Inspection  shall  have 
had  not  less  than  ten  years'  experience  in  the  operation  of  steam  boilers, 
together  with  such  practical  and  theoretical  knowledge  as  to  enable  him  con- 
clusively to  determine  the  reasonable  safety  of  the  construction  and  use  of 
apparatus  inspected  by  the  bureau ;  shall  control  and  regulate  the  examination 
of  stationary  and  portable  engineers,  the  construction  and  installation  of 
steam  and  hot  water  boilers,  boiler  furnaces,  smoke  stacks,  steam  and 
hydraulic  elevator  apparatus,  pressure  tanks,  jacketed  kettles  and  any  form  of 
gas,  gasoline,  air  or  hydraulically  operated  apparatus  dangerous  to  life  and 
property;  shall  make  all  necessary  rules,  conforming  to  the  best  uniform  prac- 
tice, for  the.  construction,  installation  and  use  of  apparatus  coming  under  his 
jurisdiction;  and  shall  have  such  other  powers  as  are  herein  prescribed  or 
may  be  necessary  for  the  proper  discharge  of  his  duties. 

License  to  Operate  Apparatus: 

Sec.  68.  No  person  shall  operate  any  apparatus  under  the  jurisdiction  of 
the  Bureau  of  Boiler  Inspection  until  he  shall  have  applied  for  and  received  a 
license,  according  to  the  rules  of  the  Board  of  Examiners,  or  unless  he  shall 
operate  the  same  under  the  immediate  and  direct  supervision  of  such  licensee. 
No  apparatus  under  the  jurisdiction  of  the  bureau  shall  be  operated  except 
according  to  the  rules  of  the  bureau.  Any  person  who  shall  operate  such 
apparatus  without  license  or  without  being  under  the  immediate  and  direct 
supervision  of  such  licensee,  or  who  shall  in  its  operation  violate  the  rules  of 
the  bureau,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
punished  accordingly. 

Permits  for  Installation  of  Apparatus: 

Sec.  69.  Whenever  any  person  shall  desire  to  construct  or  install  any 
apparatus  under  the  jurisdiction  of  the  bureau,  he  shall,  before  doing  so,  apply 
to  the  superintendent  for  a  permit  therefor.  When  the  superintendent  shall 
be  satisfied  that  the  applicant  is  properly  qualified  therefor,  he  shall  issue  a 
proper  permit  to  him.  No  such  apparatus  shall  be  constructed  or  installed 
without  such  permit.  The  superintendent  may  prohibit  or  stop  the  con- 
struction or  installation  of  any  apparatus  not  complying  with  the  rules.  The 
superintendent  shall  cause  to  be  inspected  all  work  for  which  he  shall  have 
issued  permits.  When  such  work  shall  be  finished  and  he  shall  find  it,  on 
inspection,  to  be  in  compliance  with  the  rules,  he  shall  issue  a  certificate  to 
that  effect.  No  apparatus  for  which  a  certificate  shall  have  been  issued  shall 
be  operated  until  the  certificate  shall  have  been  posted,  as  required  by  the 
rules. 

Permits  for  Alterations,  Repairs,  Etc. : 

Sec.  70.  Whenever  any  person  shall  desire  alterations  or  repairs  to  boilers 
and    high    pressure    piping    under    the    jurisdiction    of    the    Bureau    of    Boiler 


112  CITY   CHARTER— CHAPTER   X. 

Inspection,  he  shall  notify  the  superintendent  of  the  contemplated  alterations  or 
repairs,  and  shall  secure  a  permit  therefor  before  making  the  same. 

Report  of  Accidents,  Defects,  Etc. : 

Sec.  71.  The  owner  and  operator  of  any  apparatus  under  the  jurisdiction 
of  the  Bureau  of  Boiler  Inspection  shall  as  soon  as  practicable  thereafter 
report  in  writing  to  the  superintendent  any  accidents  therefrom  to  persons 
under  their  control  or  employ,  and  any  accident  to  or  defect  in  any  boiler  ur 
hio-h  pressure  piping  owned  or  operated  by  him.  The  superintendent  shall 
forthwith  investigate  the  same  and  order  the  necessary  repairs  or  renewal  of 
parts  injured  or  defective. 

Bureau  of  Building  Inspection: 

Sec.  72.  The  superintendent  of  the  Bureau  of  Building  Inspection  shall 
be  an  architect,  structural  engineer,  civil  engineer,  general  building  con- 
tractor, or  general  superintendent  of  building  construction  of  known  ability 
with  not  less  than  ten  years'  experience  in  his  profession  or  occupation  ;  shall 
control  and  regulate  the  construction,  repair,  alteration  or  removal  of  all 
buildings,  fences,  billboards  and  elevators;  shall  make  all  necessary  rules, 
therefor  conforming  to  the  best  uniform  practice,  subject  to  the  building  ordi- 
nances ;  and  shall  have  such  other  powers  as  are  herein  prescribed  or  may  be 
necessary  for  the  proper  discharge  of  his  duties. 

Permits  for  Construction,  Alterations,  Etc. : 

Sec.  73.  Whenever  any  person  shall  desire  to  have  constructed,  enlarged, 
altered,  repaired  or  removed  any  building  or  other  structure  under  the  juris- 
diction of  the  Bureau  of  Building  Inspection,  of  which  he  shall  be  the  owner, 
he  shall  personally  or  through  his  agent  make  written  application  ■  on  forms 
furnished  by  the  bureau  for  a  permit  therefor,  and  until  he  shall  receive  the 
permit,  he  shall  not  cause  such  work  to  be  begun.  Except  when  the  applica- 
tion shall  be  for  a  permit  to  remove,  the  application  for  a  permit  shall  be 
accompanied  with  a  complete  set  in  duplicate  of  specifications  of  the  work  to  be 
lione  and  of  the  plans  and  working  drawings,  made  to  a  scale  of  not  less  than 
one-eighth  inch  to  the  foot,  on  paper  or  cloth,  in  ink  or  other  indelible  sub- 
stance. The  superintendent  shall  cause  to  be  examined  any  structure  sought 
to  be  raised,  altered,  enlarged  or  removed,  and  shall  examine  the  specifica- 
tions, plans  and  drawings.  If  they  shall  conform  to  the  requirements  of  the 
building  ordinances  and  to  the  rules,  he  shall  affix  his  official  stamp  of  ap- 
proval thereto  and  transmit  both  sets  to  the  Board  of  Health ;  Provided,  that 
he  may  approve  proposed'  methods  of  construction,  if  equally  substantial  with 
those  required  in  the  building  ordinances.  If  the  Board  of  Health  shall  find 
them  to  conform  to  all  sanitary  regulations,  it  shall  endorse  its  approval 
thereon  and  return  the  same  to  the  superintendent  of  building  inspection. 
If  the  specifications  call  for  building  operations  within  the  fire  limits,  he  shall 
transmit  both  sets  to  the  fire  marshal,  who  .shall,  if  satisfied  therewith, 
enilorse  his  approval  thereon  and  return  the  same  to  the  superintendent.  There- 
upon, the  superintendent  shall  issue  a  permit  to  the  owner  or  his  agent  for 
the  work  specified  and  return  to  him  one  set  of  the  specifications,  plans  and 
drawings,  and  shall  keep  the  other  set  on  file  until  he  shall  have  issued  the 
certificate  of  occupancy,  as  herein  provided.  Whenever  specifications  calling 
for  an  expenditure  of  not  less  than  two  thousand  dollars  shall  be  filed  with 
the  bureau,  the  superintendent  shall  keep- them  permanentlv.     He  may  also 


CITY   CHARTER— CHAPTER   X.  113 

keep  such  other  sets  of  specifications,  plans  and  drawings  as  he_  may  deem 
necessary. 

Inspection  of  Construction,  Alterations,  Etc. : 

Sec.  74.  The  superintendent  of  building  inspection  shall  cause  to  be  inspected 
from  time  to  time  all  construction,  enlargement,  alteration,  repairing  or 
removal  of  any  building  or  other  structure  for  which  he  shall  have  issued 
a  permit.  If  at  any  time  in  the  course  of  such  work  he  shall  find  that  it  is 
being  done  in  violation  of  the  building  ordinances  and  rules  of  the  bureau,  he 
shall,  after  reasonable  notice  and  hearing,  prohibit  and  stop  the  same  and  by 
written  order  direct  all  persons  in  any  way  engaged  therein  to  stop  and  desist 
therefrom  until  they  shall  have  complied  with  the  ordinances  and  rules.  If 
such  order  shall  not  be  obeyed  on  service  thereof,  he  may  forthwith  revoke 
the  permit  for  such  work  and  apply  to  a  court  of  competent  jurisdiction  to 
enforce  the  order.  Any  person  who  shall  fail  to  obey  the  order  when  served 
on  him  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  pun- 
i-.lied  accordingly. 

Certificate  of  Occupancy: 

Sec.  75.  Whenever  any  construction,  enlargement,  alteration,  repair  or 
removal  of  any  building  or  other  structure  intended  for  occupancy,  for  which 
a  permit  shall  have  been  issued,  shall  have  been  completed,  the  owner  or  his 
agent  shall  notify  the  superintendent  of  building  inspection  of  the  completion 
thereof.  Thereupon,  within  three  days  after  the  receipt  of  such  notice,  the 
superintendent  shall  make  a  final  inspection  of  the  building  or  other  structure, 
and,  if  he  shall  find  it  to  be  in  compliance  with  the  ordinances  and  rules,  he 
shall,  without  charge,  issue  to  the  owner  a  certificate  of  occupancy.  No  build- 
ing or  other  structure  shall  be  occupied  until  the  superintendent  shall  issue 
a  certificate  of  occupancy  therefor. 

Inspection  of  Certified  Buildings,  Etc. : 

Sec.  76.  The  superintendent  of  building  inspection  shall  cause  to  be  inspected 
from  time  to  time  all  buildings  of  public  assembly,  school  buildings, 
halls,  armories,  theaters,  buildings  used  for  manufacturing  and  commercial 
purposes,  hotels,  hospitals,  apartment  houses,  tenement  houses,  all  other 
buildings  occupied  or  used  by  large  numbers  of  persons,  fences,  billboards, 
^igns  and  other  structures  under  his  jurisdiction,  which  inspection  shall  be  for 
the  purpose  of  determining  the  safety  thereof.  If  the  whole  or  any  part  of 
any  structure  shall  be  found  to  be  dangerous  or  unsafe,  the  superintendent 
shall  forthwith  notify  the  owner  thereof  or  other  person  interested  therein 
and  direct  him  to  take  the  necessary  measures  to  render  such  structure  safe. 
If  the  owner  or  other  person  interested  therein  shall  fail  to  comply  with  the 
order  within  a  reasonable  time,  the  superintendent  shall  summon  him  to  appear 
before  him  at  a  time  and  place  to  be  specified  in  the  summons  and  either 
to  show  cause  why  he  has  not  complied  with  the  order,  or  to  dispute  the  superin- 
tendent's finding  of  the  dangerous  and  unsafe  character  of  the  structure.  If, 
as  a  result  of  the  hearing  before  the  superintendent,  he  shall  find  the  structure 
to  be  dangerous  and  unsafe,  and  if  the  owner  or  other  person  interested 
therein  shall  not  within  a  reasonable  time  thereafter  render  the  same  safe, 
the  superintendent  may  cause  to  be  demolished  the  structure  or  part  thereof 
found  dangerous  or  unsafe,  or  proceed  in  such  manner  as  mav  be  necessary 
for  the  public  protection.    He  may  at  the  same  time  also  cause  to  be  affixed  to 


114  CITY  CHARTER— CHAPTER  X. 

the  structure  a  notice  of  its  dangerous  condition,  which  notice  shall  not  be 
defaced  or  removed  without  his  written  consent.  Whenever  the  structure 
shall  be  intended  for  occupancy,  and  as  a  result  of  the  hearing  herein  provided 
be  found  to  be  unsafe  for  occupancy,  the  superintendent  shall  direct  the  occu- 
pants thereof  to  vacate  the  premises,  and  such  structure  shall  not  thereafter 
be  occupied  until  it  shall  have  been  rendered  safe. 

Expenses  Assessed  Against  Property: 

Sec.  77 .  The  owner  of  or  other  person  interested  in  any  structure  found  to 
be  unsafe  shall  pay  all  expenses  incurred  by  the  Bureau  of  Building  Inspec- 
tion in  demolishing  the  same  or  otherwise  protecting  the  public,  as  herein  pro- 
vided. If  he  shall  fail  to  pay  the  same  within  thirty  days  after  notice  thereof, 
the  superintendent  shall  report  the  amount  thereof  to  the  Commissioner 
with  an  affidavit  that  it  has  not  been  paid.  Thereupon  the  Commissioner 
shall  transmit  the  report,  endorsed  by  himself,  to  the  Assessors,  who  shall 
forthwith  assess  the  same  against  the  property.  Such  assessment  shall  be 
collected  in  the  same  manner  as  other  special  assessments  and  shall  be  a  lien 
against  the  property  until  paid. 

Bureau  of  Plumbing  Inspection: 

Sec.  78.  The  superintendent  of  the  Bureau  of  Plumbing  Inspection  shall 
be  a  practical  plumber  of  not  less  than  ten  years'  experience,  actively  engaged 
in  the  business ;  shall  control  and  regulate  the  examination  and  registration 
of  master  and  journeymen  plumbers;  shall,  subject  to  the  sanitary  code,  inspect 
and  regulate  all  plumbing  and  drainage,  except  main  and  lateral  sewers ; 
shall  make  all  necessary  rules  for  the  inspection  of  the  work  under  his  juris- 
diction ;  and  shall  have  such  other  powers  as  are  herein  prescribed  or  may  be 
necessary  for  the  proper  discharge  of  his  duties. 
* 
Licensing  and  Registration  of  Plumbers: 

Sec.  79.  Whenever  any  person  shall  deside  to  engage  in  the  business  of 
plumbing  as  a  master  or  journeyman  plumber,  he  shall  not  do  so  until  he 
shall  have  applied  for  and  received  a  license  therefor,  issued  according  to  the 
rules  and  regulations  of  the  Board  of  Examiners.  The  superintendent  of 
plumbing  inspection  shall  keep  a  permanent  register  of  the  name,  address  and 
place  of  business  of  every  licensed  plumber.  Whenever  a  licensed  plumber 
shall  change  his  place  of  business  he  shall  re-register  with  the  superintendent. 
The  superintendent  shall  publish  a  list  of  the  registered  plumbers  in  the  official 
newspaper  at  least  once  in  each  year,  and  all  sewer  contractors  installing 
private  sewers  upon  application  for  permit  shall  file  such  bond  as  the  Com- 
missioner may  require.  Any  unlicensed  plumber  who  shall  engage  in  the 
plumbing  business  or  display  upon  any  sign,  placard  or  otherwise,  m  rront 
of,  upon,"  fn  or  about  his  place  of  business  words  signifying  that  he  is  a 
licensed  plumber  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 
be  punished  accordingly. 

Permits  for  Installation  or  Alteration: 

-Sec.  80.  Whenever  any  i>lumber  shall  desire  to  install  or  alter  any  plumb- 
ing or  drainage  under  the  jurisdiction  of  the  superintendent  of  plumbing 
inspection,  he  shall  apply  to  the  superintendent  for  a  permit  therefor  and  file 
in  duplicate  with  his  application  such  specifications,  plans  and  other  draw- 
ings as  the  superintendent  may  require.     If  the  superintendent  shall  find  the 


CITY  CHARTER— CHAPTER  X.  115 

^ame  to  comply  with  the  sanitary  code  and  other  rules  and  regulations  of  the 
Bureau  of  Plumbing  Inspection,  he  shall  endorse  his  approval  on  both  sets, 
issue  a  permit  to  the  applicant  for  the  work  specified  therein,  return  one  set 
to  him  and  transmit  the  other  set  to  the  superintendent  of  building  inspec- 
tion to  be  filed  with  other  specifications,  plans  and  drawings  on  file  in  his 
bureau.  No  installation  or  alteration  of  plumbing  or  drainage  under  the 
jurisdiction  of  the  Bureau  of  Plumbing  Inspection  shall  be  commenced  or 
done  unless  a  permit  therefor  shall  have  been  issued,  as  herein  provided.  The 
superintendent  shall  cause  to  be  inspected  all  work  for  which  he  shall  have 
issued  permits,  and  may,  if  he  shall  find  it  to  be  done  in  violation  of  the  sani- 
tary code  and  other  rules  and  regulations,  prohibit  and  stop  the  same.  When 
such  work  shall  have  been  completed  and  found  to  be  in  compliance  with 
the  sanitary  code  and  other  requirements,  the  superintendent  shall  issue  a  cer- 
tificate to  that  effect,  which  certificate  shall  be  posted,  as  required  by  the 
sanitary   code. 

Bureau  of  Signal  Service: 

Sec.  81.  The  superintendent  of  the  Bureau  of  Signal  Service  shall  be  a 
licensed  electrician  of  known  ability;  shall  manage,  control  and  operate  all 
of  the  signal  service  wires  and  apparatus  telephone  and  telegraph  wires,  un- 
derground conduits  and  cables,  signal  and  patrol  boxes  and  all  other  ap- 
paratus pertaining  to  the  signal  service;  shall  supervise  and  control  the  con- 
struction of  new  wires,  cables,  conduits  and  other  apparatus;  shall  maintain 
a  rapid  system  for  repairs  in  order  to  maintain  the  efficiency  of  the  signal 
service  at  the  highest  standard ;  shall  make  such  rules  and  regulations  as  may 
be  necessary  for  the  proper  conduct  of  the  business  of  the  bureau ;  and  shall 
have  such  other  powers  as  are  herein  prescribed  or  may  be  necessary  for  the 
proper  discharge  of  his    duties. 

Signal  Service  Advisory  Commission: 

Sec.  82.  The  superintendent  of  the  Signal  Service,  one  member  of  the 
Department  of  Fire  Protection  designated  therefor  by  the  Fire  Commission, 
and  one  member  of  the  Department  of  Police  designated  therefor  by  the 
Commissioner  of  Police  shall  constitute  a  board  to  be  known  as  the  Signal 
Service  Advisory  Commission.  The  commission  shall  meet  once  a  week  or 
oftener  in  the  office  of  the  superintendent,  review  the  work  of  the  bureau, 
and  make  such  suggestions  and  recommendations  as  it  may  deem  necessary 
to  increase  the  efficiency  of  the  signal  service.  The  commission  shall  each 
week  transmit  a  report  of  their  recommendations  to  the  Commissioner  of 
Public  Safety,  to  the  Fire  Commission  and  to  the  Commissioner  of  Police. 

Retirement  and  Pensions: 

Sec.  83.  The  pension  and  retirement  provisions  governing  the  Depart- 
ments of  Fire  Protection  and  Police  shall  apply  to  all  employes  in  the  Bureau 
of  Signal  Service.  For  this  purpose  employes  shall  be  considered  members 
of  one  or  the  other  department,  as  the  Signal  Service  Advisory  Commission 
shall  determine ;  but  they  shall  have  no  other  powers  as  members  thereof, 
except  when  on  the  request  of  the  Commissioner  of  Public  Safety  the  Com- 
missioner of  Police  shall  appoint  them  special  patrolmen. 

Records  and  Reports  of  Bureaus : 

Sec.  84.     The    superintendent    of    each    bureau    shall    keep   complete    records 
'f  all  transactions  of  his  respective  bureau,  including  a  record  of  all   such 


116  CITY   CHARTER— CHAPTER   X. 

licenses,  permits  and  certificates  as  may  be  issued  by  him,  of  all  inspections 
and  investigations  under  his  jurisdiction  with  full  details  thereof,  and  of  all 
other  matters  which  he  or  the  Commissioner  may  deem  necessary ;  shall 
annually,  at  such  time  as  the  Commissioner  shall  determine,  make  a  complete  < 
report  of  the  business  of  his  bureau,  including  a  statement  of  all  moneys  col- 
lected and  expended  and  an  estimate  of  revenues  and  expenses  for  the  ensuing 
year;  and  shall  at  all  times  furnish  such  other  information  as  the  Commis- 
sioner may  require. 

Persons  Included  Hereunder: 

Sec.  85.  The  provisions  of  this  charter  relating  to  the  Department  of  Pub- 
lic Safety  and  such  rules  and  regulations  issued  thereunder  as  may  apply  shall 
apply  to  all  persons,  tirms,  corporations  and  city  departments,  engaged  in 
any  business  or  doing  any  work  coming  under  the  jurisdiction  of  any  bureau 
of  the  department. 

Penalty  for  Misdemeanors: 

Sec.  86.  Any  person,  firm  or  corporation  who  shall  violate  any  provision 
of  this  charter  relating  to  the  Department  of  Public  Safety,  or  who  shall  destroy 
or  mutilate  any  property  under  the  control  of  the  department,  or  change 
or  interfere  with  any  signal,  telephone  or  telegraph  wire  or  cable,  or  use  any 
pole,  fixture  or  dead  wire,  or  turn  in  false  alarms  shall  be  guilty  of  a  misdemeanor 
and,  on  conviction,  shall  be  punished  in  the  Recorder's  court  by  a  fine  not  to 
exceed  one  hundred  dollars  and  costs,  or  by  imprisonment  in  the  house  of  correc- 
tion for  not  more  tlian  ninety  days,  or  by  both  fine  and  imprisonment  in  the  discre- 
tion of  the  court. 

Revocation  of  Licenses,  Permits,  Etc.: 

Sec.  87.  The  superintendent  having  competent  jurisdiction  ma)',  after 
reasonable  notice  and  hearing,  revoke  any  license  or  permit  issued  by  him 
hereunder  for  any  violation  of  any  rule  or  regulation  of  his  bureau  or  for 
failure  to  comply  with  any  order  he  may  be  authorized  to  issue.  Whenever 
any  person  shall  be  convicted  of  a  misdemeanor  hereunder,  the  Board  of 
Examiners  may  order  that  no  license  or  permit  herein  provided  shall  be  issued 
to  him,  and  thereupon  the  superintendent  having  competent  jurisdiction 
may  revoke  any  license  or  permit  previously  issued  to  such  person.  When- 
ever a  person  shall  be  convicted  three  times  for  misdemeanors  hereunder,  no 
further  license  or  permit  shall  be  issued  to  him. 

IV:    Department  of  Correction. 

General  Powers  of  Commission: 

Sec.  88.  The  Correction  Commission,  as  head  of  tlie  Department  of  Cor- 
rection, shall  have,  under  their  control  and  authority,  the  management  and 
direction  of  the  house  of  correction,  which  shall  be  used  for  the  confinement, 
punishment  and  reformation  of  criminals  or  persons  sentenced  thereto  here- 
under or  under  the  laws  of  the  state;  shall  establish  and  adopt  rules  for  the 
regulation  and  discipline  therein;  shall  appoint  a  superintendent  thereof, 
whose  term  of  office  shall  be  for  three  years,  and  whose  appointment  shall  be 
made  at  least  three  months  before  the  expiration  of  the  term  then  pending; 
and  shall  have  such  other  powers  as  are  herein  presented  or  may  be  neces- 


CITY   CHARTER— CHAPTER   X.  117 

sary  for  the  proper  discliarge  of  its  duties.  But  the  Commission  shall  have  no 
control  over  the  appointment  of  guards  or  other  employes  subordinate  to 
the  superintendent. 

Inspections  and  Meetings: 

Sec.  89.  The  Conmiission  shall  hold  an  annual  meeting  at  the  house  of 
correction  at  such  time  as  it  shall  fix,  which  meeting  every  inspector  shall 
attend.  The  Commission  shall  also  hold  a  meeting  at  the  house  of  correction 
once  in  every  three  months,  at  which  meeting  it  shall  fully  examine  into 
every  department  of  the  management  of  the  house  of  correction,  and  hear  and 
determine  all  complaints  or  questions  not  within  the  jurisdiction  of  the  super- 
intendent. At  least  one  inspector,  designated  by  the  Commission  for  the 
purpose,  shall  visit  the  house  of  correction  and  inspect  its  management  once 
in  each  month. 

Superintendent — Powers  and  Duties: 

Sec.  90.  The  Superintendent  of  the  House  of  Correction  shall  have  entire 
control  and  management  of  all  its  concerns,  subject  to  the  authority  estab- 
lished by  law  and  the  rules  and  regulations  adopted  for  its  government;  shall 
obey  and  carry  out  all  written  orders  and  instructions  of  the  Commission  not 
inconsistent  with  the  laws,  rules  and  regulations  relating  to  its  government ; 
and  shall  be  responsible  for  the  manner  in  which  it  shall  be  managed  and 
conducted.  He  shall  reside  at  the  house  of  correction ;  devote  his  time  and 
attention  to  the  business  thereof;  daily  or  as  often  as  good  order  or  necessity 
may  require,  visit  and  examine  into  the  condition  and  management  of  every 
department  thereof  and  of  each  prisoner  therein  confined ;  shall  exercise  a 
general  supervision  and  direction  in  regard  to  the  discipline,  police  and  busi- 
ness of  the  house  of  correction;  and  appoint  a  deputy  superintendent,  guards 
-and  other  employes  subordinate  to  him;  Provided,  that  he  shall  not  employ 
any  free  labor  in  or  about  the  house  of  correction,  e.xcept  such  as  may  be 
necessary  for  the  control  and  management  thereof  and  for  the  care  and  detention 
of  the  persons  confined  therein.  During  the  absence  or  other  inability  of  the 
superintendent,  the  deputy  superintendent  shall  have  the  powers  and  perform 
the  duties  of  the  superintendent  so  far  as  these  relate  to  the  discipline  of  the 
institution  and  the  safe  keeping  of  prisoners. 

Prisoners  From  Outside  the  City: 

Sec.  91.  Whenever  the  Common  Council,  or  any  authorized  agent  or  offi- 
cer, shall  enter  into  agreement  with  any  county  of  the  state  to  receive  persons 
sentenced  therefrom  to  confinement  in  the  house  of  correction,  or  whenever, 
pursuant  to  any  law.  of  the  state,  persons  shall  be  sentenced  to  confinement 
therein,  the  superintendent  shall  receive  all  such  persons  when  brought  to 
him  with  proper  commitment  papers  and  keep  them,  during  their  terms  of 
sentence,  in  the  same  manner  as  persons  sentenced  to  confinement  therein 
from  the  city,  and  all  such  persons  shall  become  and  be  subject  to  the  rules, 
regulations  and  discipline  of  the  house  of  correction  in  the  same  manner  as 
persons  sentenced  to  confinement  therein  from  the  city. 

Procedure  of  Discharge  on  Bail : 

Sec.  92.  No  person  committed  to  the  house  of  correction  for  want  of  bail 
shall  be  discharged  therefrom  on  bail  until  the  order  of  discharge,  by  the 
magistrate  or  court  who  shall  have  committed  him,  or  by  the  judge  of  some 


118  CITY   CHARTER— CHAPTER   X. 

circuit  court,  or  the  recorder,  together  with  the  original  recognizance  approved 
by  such  magistrate,  court,  judge  or  recorder,  shall  have  first  been  delivered  to 
the  superintendent.  Thereupon  the  superintendent  shall  in  every  case  transmit 
the  recognizance  to  the  superintendent  of  police. 

Procedure  on  Forfeit  of  Bail : 

Sec.  93.  Whenever  the  recognizance  shall  have  been  forfeited  by  the 
principal  therein  named  and  discharged  therefor,  the  superintendent  of  police 
shall  deliver  the  same  to  the  Corporation  Counsel  for  prosecution.  The 
Corporatibn  Counsel  shall  forthwith  proceed  to  collect  the  same  by  applying 
to  the  Recorder's  court  for  an  order  upon  the  sureties  in  the  bond  to  show 
cause  why  the  recognizance  shall  not  be  forfeited  and  judgment  entered  for 
the  amount  of  penalty  therein  mentioned  against  them,  on  a  day  set  forth 
in  the  order.  At  least  four  days  before  the  day  therein  set  forth,  the  order 
shall  be  served  upon  the  sureties,  either  personally  if  they  can  be  found  in 
the  city,  or  if  they  cannot  be  found,  by  leaving  a  copy  at  their  last  place  of 
abode,  and  shall  be  granted  only  upon  filing  with  the  court  an  affidavit  or 
affidavits,  showing  to  the  satisfaction  of  the  court  that  the  principal  named 
in  the  recognizance  has,  during  the  time  for  which  recognizance  is  conditioned 
for  his  good  behavior,  been  found  guilty  by  a  competent  court  of  being  a  dis- 
orderly person,  or  of  any  crime  or  misdemeanor,  or  has  been  and  is  a  dis- 
orderly person,  at  any  time  within  the  life  of  the  recognizance,  and  since  his 
discharge  from  the  house  of  correction.  The  sureties,  or  either  of  them,  upon 
the  service  on  them,  or  either  of  them,  of  the  order  and  affidavit,  or  affidavits, 
shall  come  into  court  upon  the  day  named  in  the  order  and  show  cause,  by 
affidavit  or  otherwise,  as  the  court  may  direct,  why  judgment  shall  not  be 
entered  against  them,  or  either  of  them,  on  the  recognizance.  If  they,  or  either 
of  them  shall  after  service  of  the  order,  fail  to  appear,  or  shall  not  show  suffi- 
cient cause,  the  court  shall  enter  judgment  against  both,  all  or  either  of  them, 
upon  their  recognizance,  issue  execution  thereon,  and  collect  the  same  in 
the  same  manner  as  in  cases  of  judgment  on  forfeited  recognizances  in  the 
court.  All  moneys  collected  on  such  executions  shall  be  paid  by  the  person 
collecting  the  same,  or  by  the  person  or  persons  aganist  whom  the  judgment 
was  rendered,  to  the  clerk- of  the  court,  who  shall,  within  three  days  after  re- 
ceiving the  same,  pay  it  to  the  officer  empowered  by  law  to  receive  it. 

Penalty  for  Escape,  Etc. : 

Sec.  94.  Every  person  lawfully  committed  to  the  house  of  correction,  who 
shall  escape  from  or  break  the  house  of  correction  with  intent  to  escape  there- 
from, or  who  shall  attempt,  by  any  force  or  violence,  or  in  any  other  manner, 
to  escape  therefrom,  whether  such  escape  shall  be  effected  or  not,  shall,  upon 
conviction  thereof,  be  punished  by  confinement  therein  for  a  term  not 
exceeding  double  the  term  for  which  he  was  so'  sentenced,  to  commence  from 
and  after  the  expiration  of  his  former  sentence. 

Deduction  for  Good  Behavior: 

Sec.  95.  The  superintendent  shall  cause  to  be  kept  a  record  of  each  and  all 
infractions  of  the  rules  and  discipline  of  the  house  of  correction,  with  the 
names  of  convict  or  convicts  offending,  and  the  date  and  character  of  each 
offense.  Every  convict  sentenced  for  one  or  more  years,  whose  name  shall 
not  appear  upon  such  record,  shall  be  entitled  to  deduction  from  his  sentence 


CITY   CHARTER— CHAPTER   X.  119 

of  three  days  per  month  for  each  month  they  shall  continue  to  obey  all  the 
rules  of  the  house  of  correction. 

Report  to  Governor: 

Sec.  96.  The  superintendent  shall,  in  December  of  each  year,  report  to  the 
governor:  (1)  the  number  and  age  of  all  persons  confined  therein;  (2)  their 
term  of  imprisonment;  (3)  the  cause  of  imprisonment;  (4)  the  number  of 
persons  discharged  and  the  reasons  why ;  and  (5)  all  other  facts  which  he  may 
deem  necessary  to  explain  the  condition  and  necessities  of  the  house  of  cor- 
rection. 

Books,  Records,  Accounts  and  Reports: 

Sec.  97.  All  rules,  regulations  or  other  orders  of  the  Commission  shall  be 
recorded  in  a  book  to  be  kept  for  that  purpose.  This  book  shall  be  deemed  a 
public  record,  and,  with  the  other  books  and  records  of  the  house  of  correc- 
tion shall  at  all  times  be  subject  to  examination  by  the,  Controller,  Treasurer, 
Corporation  Counsel,  any  member  or  committee  of  the  Common  Counci},  or 
any  person  duly  authorized  by  any  court  of  record  in  the  state  to  make  such 
examination.  The  superintendent  shall  cause  to  be  kept  the  books  of  the 
house  of  correction  in  such  manner  as  clearly  to  exhibit  the  state  of  the  pris- 
oners, the  number  received  and  discharged,  and  the  receipts  from  and 
expenditures  for  and  on  account  of  each  department  of  business,  or  for  repair, 
or  improvement  of  the  premises.  He  shall  make  out  a  quarterly  statement 
which  shall  specify  minutely  all  receipts  and  expenditures  accompanied  with 
proper  vouchers  for  each  expenditure,  which  statement  shall  be  approved  by 
the  Commission  and  the  Common  Council  and  returned  to  the  Controller  for 
safe  keeping.  The  accounts  of  the  house  of  correction  shall  be  annually 
closed  and  balanced  on  the  thirty-first  day  of  December  in  each  year.  As 
soon  thereafter  as  practicable,  the  superintendent  shall  prepare  and  submit  an 
annual  report  to  the  Commission.  The  Commission  shall  submit  this  report 
together  with  their  report  to  the  Common  Council  and  transmit  a  copy  thereof 
to  each  department  of  the  state  government,  and  to  each  county  in  the  state 
having  contracts  with  the  city  for  the  confinement  and  maintenance  of  con- 
victed persons.  The  report  shall  also  be  published  in  some  newspaper  in  the 
city  or  in  such  other  form  as  shall  be  directed  by  the  Commission. 

Revenues  of  the  Department : 

Sec.  98.  All  moneys  received  by  the  Commission  for  the  labor  of  persons 
confined  in  the  house  of  correction  or  pursuant  to  any  law  of  the  state  or 
any  contract  for  the  safe-keeping  and  maintenance  of  persons  sentenced  to 
confinement  therein  shall  be  paid  to  the  City  Treasurer  to  be  applied  on  the 
expenses  of  the  department. 


120  CITY  CHARTER— CHAPTER  XI. 


CHAPTER   XI. 
DIVISION  OF  PUBLIC  WORK 

Administration  of  Public  Work: 

Sec.  1.  The  administration  of  all  public  work,  except  as  herein  otherwise 
provided,  shall  be  vested  in  the  Department  of  Public  Works,  the  Depart- 
ment of  Parks  and  Boulevards  and  the  Department  of  City  Plans  and  Im- 
provements, as  herein  provided. 

I :    Department  of  Public  Works. 

Commissioner — Powers  and  Duties: 

Sec.  2.  The  Commissioner  of  Public  Works,  as  head  of  the  Department 
of  Public  Works,  shall  establish  a  system  of  grades  for  all  streets  and  alleys, 
which,  when  established,  shall  not  be  changed  except  by  a  two-thirds  vote  of 
the  Aldermen  elect.  He  shall  also  lay  out  and  establish  a  systeip  of  sewers 
for  the  Entire  city  to  be  designated  on  the  general  plan  of  streets  and  alleys. 
He  shall  supervise  the  grading,  paving,  repaying  and  cleaning  of  streets, 
alleys  and  public  grounds;  the  paving  and  repaving  of  boulevards  and  bridges; 
the  building  of  all  sidewalks  and  crosswalks;  the  laying  of  all  gas  or  water 
pipes,  conduits  or  erection  of  poles  through  any  street  or  alley;  the  construc- 
tion of  all  sewers  and  drains;  the  construction,  repairing  and  alterations  of 
public  wharves,  docks,  bridges,  culverts,  receiving  basins,  drains,  sewers  and 
all  public  buildings,  including  the  care  and  administration  of  the  city  hall, 
municipal  court  and  health  building,  G.  A.  R.  building,  Fairview  pumping  sta- 
tion, and  eastern  and  western  markets,  and  the  collection  and  disposal  of 
garbage.  He  shall  also  have  charge  and  control  of  the  streets  and  alleys  and 
of  the  sprinkling,  cleaning  and  flushing  of  the  same,  and  may,  by  printed  rules 
and  orders,  approved  by  the  Common  Council,  regulate  the  use  thereof.  He 
may  also  issue  permits  for  the  use  of  the  streets  and  alleys  for  the  storage  of  build- 
ing material  and  for  the  use  of  the  highways  for  such  other  purposes  and  under 
such  regulations  as  the  Common  Council  may  by  ordinance  prescribe.  All  moneys 
appropriated  for  this  department  shall  be  expended  under  his  supervision. 
Whenever  such  work  shall  be  done  by  contract,  it  shall  be  done  under  con- 
tract and  specifications  prepared  by  him  and  approved  by  the  Common 
Council.  Whenever  the  Common  Council  shall  order  any  paving  or  repaving 
work,  he  shall,  and  whenever  the  Common  Council  shall  order  any  other 
public  work  to  be  done  he  may,  submit  a  bid  therefor  in  like  manner  as  other 
bidders  for  public  work.  He  shall  also  have  such  other  powers  as  are  herein 
prescribed  or  may  be  necessary  for  the  proper  discharge  of  his  duties. 

Supervision  of  Vaults,  Public  Buildings,  Etc. : 

Sec.  3.  The  Commissioner  shall  supervise  the  construction  of  all  vaults 
under  any  portion  of  the  streets  and  the  erection  of  all  public  buildings  and 
works  of  the  city  or  any  board  thereof,  within  or  without  the  city,  except  such 


CITY    CHARTER— CHAPTER    XI.  121 

buildings  and  works  as  may  by  law  be  under  the  supervision  of  the  Water 
Commission,  and  may  stop  the  work  thereon  when  the  same  is  not  being  done 
according  to  the  contract  therefor.  But  he  shall  not  interfere  with  or  change 
the  plans  or  specifications  of  such  buildings  or  work  or  demand  any  variation 
therefrom.  Whenever  the  construction  of  any  public  building  or  work  shall 
require  peculiar  skill,  the  Common  Council  may  by  resolution  authorize  the 
Commissioner  to  emplo}-  a  competent  person  to  superintend  the  same  at  a  com- 
pensation not  exceeding  a  sum  to  be  stated  in  the  resolution.  The  Commis- 
sioner shall  also  exercise  such  other  powers  and  perform  such  other  duties  in 
the  superintendence  and  construction  of  public  works,  improvements  and 
repairs  constructed  by  authority  of  the  Common  Council  or  owned  by  the  city 
as  the  Common  Council  may  from  time  to  time  direct. 

I 

Examination  of  Proposed  Public  Improvements: 

Sec.  4.  Whenever  any  public  improvement,  except  the  opening  of  public 
streets,  or  public  work  shall  be  proposed,  the  Common  Council  shall,  before 
proceeding  with  the  same,  refer  the  matter  to  the  Commissioner.  Thereupon 
he  shall  proceed  to  examine  into  the  same  and  as  soon  as  practical,  report 
thereon  to  the  Common  Council,  giving  detailed  estimates  of  the  costs  of 
such  works  or  improvements,  if  any,  and  making  such  recommendations  as  he 
may  deem  expedient. 

Bureau  of  City  Engineering: 

Sec.  5.  The  Commissioner  shall  appoint  a  City  Engineer  who  shall  have 
practised  his  profession  for  at  least  ten  years.  The  City  Engineer  shall  be 
the  head  of  the  Bureau  of  City  Engineering,  shall  devote  his  entire  time  to  the 
duties  of  his  office,  and  shall,  subject  to  the  direction  of  the  Commissioner, 
superintend  and  conduct  all  details  of  all  matters  of  engineering  for  the  city 
and  all  the  departments.  He  may  appoint  an  Assistant  City  Engineer,  and, 
with  the  assent  of  the  Commissioner,  appoint,  suspend  or  dismiss,  as  herein 
provided,  such  other  assistants,  clerks  and  subordinates  as  may  be  necessary 
for  the  proper  and  efficient  conduct  of  the  work  of  the  bureau.  No  officer  or 
department,  including  the  Board  of  Education,  the  Detroit  Museum  of  Art 
and  the  Detroit  Library  Commission,  shall  have  or  employ  any  person  in  or 
about  the  engineering  afYairs  under  his  or  its  jurisdiction,  without  the  express 
assent  of  the  City  Engineer. 

General  Plan  of  Streets  and  Alleys: 

Sec.  6.  The  Commissioner  shall,  from  time  to  time,  cause  to  be  prepared 
and  kept  on  file  as  a  permanent  record  a  general  plan  of  laying  in  to  streets 
and  alleys  all  such  portions  of  the  territory  now  or  hereafter  lying  within  the 
corporate  limits  of  the  city  as  shall  not  already  be  laid  out,  approved  and 
platted,  or  without  the  city  limits  and  within  two  miles  thereof  when  directed 
by  the  Common  Council,  and  may  enter  upon  land  for  that  purpose  ;  but  this 
general  plan  shall  not  become  effective  until  the  Common  Council  shall  have 
approved  thereof  and  caused  its  approval  to  be  endorsed  thereon.  When  such 
plan  shall  have  been  made  and  approved,  as  herein  provided,  all  plats  shall 
first  be  submitted  to  the  Commissioner  for  approval  as  to  plan  of  streets  and 
alleys  shown  thereon,  and  no  private  plan  which  shall  not  conform  thereto 
shall  be  allowed  or  permitted,  except  when  the  Common  Council  shall  by  a 
two-thirds  vote,  alter  or  amend  the  general  plan  to  conform  to  such  private 
plan.     No  plat  shall  hereafter  be  recorded  or  be  of  any  validity  unless  before 


122  CITY  CHARTER— CHAPTER  XI. 

such  report  the  approval  of  the  Commissioner  shall  be  duly  endorsed  thereon. 
Before  accepting  and  approving  any  such  plat  the  Commissioner  shall  require 
that  there  be  endorsed  thereon  a  certificate  from  the  proper  authorities  show- 
ing that  all  back  taxes  on  property  included  in  the  plat  shall  have  been  paid 
in  full.  The  Commissioner  shall  not  change  any  plat  when  once  approved 
and  adopted  by  him,  unless  the  Common  Council  shall,  by  a  three-fourths 
vote  of  the  members  elect,  authorize  him  so  to  do :  Provided,  that  all  streets 
and  alleys  shall  be  laid  out  so  as  to  conform  as  nearly  as  may  be  to  the  lines 
of  streets  and  alleys  previously  opened.  A  copy  of  each  plat  as  recorded 
shall  be  delivered  to  the  City  Engineer  to  be  retained  by  him  as  a  permanent 
city  record.  No  plat  shall  be  accepted  and  recorded  until  the  Corporation 
Counsel  shall  certify  on  the  plat  that  all  persons  interested  in  the  lands  as 
owners,  mortgagees  and  lien  holders,  have  joined  in  the  execution  of  the  plat. 

Time  of  Paving  or  Repaying  : 

Sec.  7.  Whenever  the  Common  Council  shall  have  ordered  the  paving  or 
repaving  of  any  street  or  portion  thereof,  and  the  contract  therefor  shall  have 
been  let,  the  work  to  be  performed  shall  be  commenced  and  completed  between 
the  first  day  of  April  and  the  first  day  of  December  in  each  year:  Provided, 
that  when  such  paving  shall  not  be  completed  in  such  time  by  reason  of 
inclement  weather  or  other  good  cause  and  from  no  fault  of 'the  contractor,  the 
Common  Council  may  extend  the  time  for  its  completion. 

Laying  of  Sewers,  Etc.,  Before  Paving : 

Sec.  8.  No  street,  or  portion  thereof,  shall  be  paved  until  the  sewer  to  be 
constructed  therethrough  shall  have  been  completed  so  far  as  the  pavement  is 
to  extend,  and  all  sewers,  water  pipes,  gas  pipes  and  conduits  and  all  service 
connections  thereto  shall  be  made  and  completed  at  least  one  year  before  such 
paving  is  ordered  to  be  done.  No  person  shall,  without  the  consent  of  the  Com- 
missioner and  under  such  general  rules  and  regulations  as  he  may  prescribe, 
make  any  connection  with  any  sewer  or  drain.  Whenever  the  Common 
Council  shall  order  the  paving  of  any  street  or  portion  thereof,  the  Commis- 
sioner may  require,  before  such  street  or  portion  thereof  shall  be  paved,  that 
the  gas  pipes  or  other  proposed  pipes  or  conduits  of  any  public  utility  shall 
be  laid  therein  and  service  connections  carried  inside  the  curb  line  in  front  of 
each  lot.  If  any  gas  or  other  company  or  corporation  shall  refuse  or  neglect 
to  lay  such  pipes  or  conduits,  when  required  as  herein  provided,  the  Com- 
missioner may  prohibit  the  laying  in  any  street  for  five  years  after  the  street 
shall  have  been  paved,  of  such  pipes  or  conduits  as  in  his  judgment  are  not 
necessary.  Before  any  street  shall  be  paved  or  repaved,  the  Commissioner 
shall  cause  to  be  served  on  the  owners  of  the  abutting  lots,  or  their  author- 
ized agents,  or  to  be  placed  on  the  abutting  lots,  a  thirty-days'  notice  requir- 
ing them  to  have  all  connections  made  with  all  service  pipes  laid  or  being 
laid  in  the  line  of  the  proposed  pavement.  If  any  such  owner,  or  his  author- 
ized agent,  shall  fail  to  comply  with  the  notice,  the  Commissioner  may  cause 
such  connections  to  be  made  and  carried  inside  the  curb  line,  and  the  cost 
thereof  shall  be  assessed  against  the  property  and  collected  in  the  same 
manner  as  sidewalk  assessments  are  made  and  collected. 

Backfilling  in  Paved  Streets: 

Sec.  9.  The  Commissioner  may  backfill  all  excavations  or  trenches  in 
paved  streets,  and  the  cost  thereof  shall  become,  and  be  until  paid,  a  charge 


CITY  CHARTER— CHAPTER  XI.  12X 

against  the  department,  corporation,  contractor,  person  or  firm  responsible 
for  the  tearing  up  of  the  street  or  alley  or  to  whom  the  permit  for  the  same 
shall  have  been  issued. 

Costs  of  Sidewalks  Assessed  Against  Property : 

Sec.  10.  Whenever  the  Common  Council  shall  order  the  building  of  any 
sidewalk,  if  any  person  shall  after  due  notice,  refuse  or  neglect  to  build  the 
sidewalk  in  front  of  his  premises  of  such  material  and  within  the  time  fixed 
by  ordinance,  the  Commissioner  shall  cause  the  same  to  be  built.  The  cost 
and  expense  thereof  shall  be  paid  out  of  the  continent  fund  and  may  be  recov- 
ered from  the  owner  or  occupant  of  land  in  front  of  or  adjacent  to  which  such 
walk  shall  be  built,  shall  be  certified  to  the  Board  of  Assessors  by  the  Com- 
missioners and  shall  be  assessed  upon  the  lands  of  such  owner  or  occupant 
adjacent  to  such  walk,  in  the  same  manner  as  herein  provided  for  other  local 
improvements. 

Removal  of  Dangerous  Structures: 

Sec.  11.  The  Commissioner  shall  summarily  remove  or  cause  to  be 
removed  or  torn  down  all  dangerous  walls  or  other  structures  that  may  be 
liable  to  fall  into  any  street,  alley  or  public  place,  or  otherwise  so  as  to 
endanger  life  or  property,  and  causethe  cost  thereof  to  be  assessed  upon  the 
property. 

Establishment  of  Asphalt  Plant,  Etc. : 

Sec.  12.  The  Common  Council  may  require  the  Commissioner  to  lease  or 
establish  and  maintain,  within  or  without  the  city  on  land  purchased  or  leased 
by  the  city,  plants  for  the  manufacture  of  creosoted  block,  brick  and  asphalt 
for  paving  purposes  and  plants  for  the  disposal  of  garbage  and  refuse,  and  to 
take  all  necessary  steps  to  regulate  the  same.  The  Commissioner  may,  as 
directed  by  the  Common  Council,  sell  and  distribute  whatever  by-products 
may  be  obtained  from  the  operation  and  maintenance  of  the  garbage  and 
refuse  plant. 

Bureaus,  Records  and  Reports: 

Sec.  13.  The  Commissioner  shall  classify  or  divide  the  various  work  or 
interest  under  his  control  into  bureaus,  as  far  as  may  be,  and  cause  to  be  kept 
accurate  account  of  the  cost  of  each,  showing  the  amounts  expended  for 
original  improvements  or  construction  and  the  amounts  for  repairs,  super- 
intendence or  other  expenditures  and  exhibiting  the  source  of  expenditure. 
He  shall  also,  in  the  month  preceding  each  fiscal  year,  make  a  report  to  the 
Common  Council,  embracing  the  expenditures  of  the  dififerent  bureaus  or 
divisions  of  work  under  his  control  and  stating  the  condition,  progress  and 
operation  of  the  work. 

II:   Department  of  Parks  and  Boulevards. 

Commissioner — Powers  and  Duties: 

Sec.  14.  The  Commissioner  of  Parks  and  Boulevards,  as  head  of  the 
Department  of  Parks  and  Boulevards,  shall  control  and  manage  all  parks, 
public  grounds  and  boulevards;  shall  make  all  needful  rules  and  regulations 
for  the  management,  maintenance,  care  and  use  of  the  parks,  and  their  dock- 


124  CITY   CHARTER— CHAPTER   XI. 

age,  public  grounds  and  boulevards  which  rules  and  regulations,  when  ap- 
proved by  the  Common  Council,  shall  have  the  authority  and  effect  of  ordi- 
nances ;  shall  police  the  parks  with  such  members  of  the  police  force  as  the 
Commissioner  of  Police  shall  at  his  request,  detail  for  service  in  any  of  the 
grounds  under  his  charge  and  as  may  be  necessary  to  maintain  order  and 
protect  property  thereon;  shall  make  such  orders,  rules  and  regulations  as  in 
his  judgment  may  be  proper  concerning  the  waters  surrounding  Belle  Isle, 
subject  to  the  power  of  the  United  States  Department  of  War  to  control  the 
use  and  occupancy  of  navigable  waters;  and  shall  have  such  other  powers  as 
herein  prescribed  or  may  be  necessary  for  the  proper  discharge  of  his  duties, 
but  he  shall  not  pave,  surface  or  repave  the  roadway  of  any  boulevard  or 
ordinary  public  street  under  his  control  and  management. 

Belle  Isle  Bridge : 

Sec.  15.  The  Commissioner  shall  have  the  custody  and  control  of  the 
bridges  connecting  Belle  Isle  with  the  mainland  together  with  its  approaches 
and  such  lands  as  may  be  hereafter  purchased  or  condemned  in  connection 
therewith,  which  bridges,  approaches  and  lands  shall  constitute  a  part  of  Belle 
Isle  Park.  He  shall  have  under  his  direction  and  supervision  the  main- 
tenance of  the  bridges  and  the  making  of  the  necessary  repairs  thereof:  Pro- 
vided, that  he  shall  have  no  control  or  authority  over  the  improvement  or 
maintenance  of  the  roadway  of  the  bridges  or  anj'  future  bridge  connecting 
Belle  Isle  and  the  mainland. 

Letting  of  Privileges  in  Parks: 

Sec.  16.  All  grounds  of  which  the  Commissioner  shall  ha\'e  control  shall 
be  used  and  enjoyed  solely  for  the  purposes  for  which  they  shall  have  been 
established:  Provided,  that  he  may  let,  for  a  period  of  not  more  than  two 
years  all  privileges  including  the  hiring  of  boats  and  vehicles  and  such  other 
like  purposes  as  are  usual  in  public  parks.  The  exercise  of  all  such  privileges 
shall  be  subject  to  his  supervision  and  direction,  and  to  such  orders,  rules  and 
regulations  as  he  may  make  at  any  time. 

Acquisition  of  Lands  for  Parks,  Etc. : 

Sec.  17.  The  Commissioner  may  receive  conveyances  granting  the  City  of 
Detroit  lands  for  parks,  public  grounds  or  boulevards,  and  with  the  approxal 
of  the  Common  Council,  may  agree  with  any  person  having  an  interest  in  any 
such  lands  for  the  purchase,  gift  and  conveyance  thereof  to  the  city.  He 
may  also  with  the  consent  of  the  Common  Council,  acquire  by  purchase,  gift 
or  by  kgal  proceedings,  any  lands,  or  interest  in  land,  which  may  be  necessary 
for  the  opening  of  any  park  and  enlargement  or  extension  of  anj-  park  or 
boulevard  which  may  hereafter  be  laid  out,  located  or  established.  Upon 
such  acquisitions  being  made,  he  shall  cause  the  proper  conveyance  to  be 
made  and  recorded. 

Plat  of  Parks,  Boulevards,  Etc.: 

Sec.  18.  The  Commissioner  shall  make  and  certify  a  map  or  plat  showing 
the  lines  of  location  of  all  boulevards,  public  parks,  and  harbor  lines  when 
established,  and  cause  the  same  to  be  recorded  in  the  office  of  the  Register  of 
Deeds  of  Wayne  County. 


CITY   CHARTER— CHAPTER   XI.  125 

III :    Department  of  City  Plan  and  Improvement. 

General  Powers  and  Duties: 

Sec.  ly.  The  City  i'lan  and  Improvement  Commission  as  head  of  the 
Department  of  City  Plans  and  Improvements,  shall  procure  information  and 
make  recommendations  to  the  Mayor  and  Common  Council  in  respect  of  all 
facts  bearing  upon  the  present  and  future  needs  of  the  city  with  regard  to  the 
creation,  development  and  improvement  of  parks,  recreation  grounds,  boule- 
vards and  river  front,  upon  the  extension  or  opening  of  streets  and  avenues  or 
other  public  ways  or  places,  and  upon  city  plans  and  improvements  generally ; 
shall  receive  and  report  on  all  suggestions  within  its  scope  offered  by  citizens, 
officers  and  employees  of  the  city:  shall  from  time  to  time  prepare  and  present 
to  the  Mayor  and  Common  Council  such  recommendations  for  a  systematic 
and  concerted  plan  covering  these  needs  and  other  improvements  within  and 
without  the  city  as  it  may  deem  desirable ;  and  shall  have  such  other  powers 
as  are  herein  prescribed  or  may  be  necessary  for  the  proper  discharge  of  its 
duties. 

Control  of  Works  of  Art,  Etc. : 

Sec.  20.  No  work  of  art  in  the  possession  of  the  city  except  such  as  may 
be  under  control  of  the  Detroit  Museum  of  Art  shall  be  removed,  relegated 
or  altered  in  any  way,  no  property  shall  be  acquired  for  park,  boulevard,  or 
play-ground  purposes,  no  property  shall  be  condemned  for  the  widening  or 
extension  of  any  park,  boulevard  or  public  play-ground,  unless  and  until  the 
project  shall  have  been  submitted  to  and  approved  by  the  commission,  and 
no  gift  to  the  city  of  a  monumental  character  shall  be  accepted  until  the 
sketch  or  plan  and  the  location  thereof  shall  have  been  approved  by  the  com- 
mission. But  if  the  commission  shall  fail  to  decide  upon  any  matter  sub- 
mitted to  it  within  .sixty  days  after  such  submission,  its  decision  or  appo\-aI 
shall  be  unnecessary. 

Public  Buildings,  Bridges,  Etc. : 

Sec.  21.  Whenever  the  Mayor,  Common  Council  or  head  of  any  depart- 
ment shall  request  its  opinion  and  advice  thereon,  the  commission  shall  con- 
sider, prepare  and  present  to  the  officer  or  body  making  the  request  recom- 
mendations in  respect  of  plans  and  location  of  public  buildings,  bridges, 
approaches,  or  other  structures  erected  or  to  be  erected  bv  the  city. 


126  CITY   CHARTER— CHAPTER    XII. 


CHAPTER    XII. 

DEPARTMENT  OF   STREET   RAILWAYS 

Establishment  of  Street  Railway  System: 

Sec.  1.  The  City  of  Detroit  shall  at  once  proceed  to  and  as  soon  as  prac- 
ticable acquire  or  construct  and  own,  maintain  and  operate  a  street  railway 
system  upon  and  along  such  of  the  streets  of  the  City  of  Detroit  and  any  other 
places  therein  as  the  public  convenience  may  from  time  to  time  require  and  as 
soon  as  practicable  said  system  shall  be  made  exclusive.  Said  city  may  also 
at  any  time  extend  said  system  in  any  one  or  more  directions  beyond  the 
limits  of  said  city,  but  no  single  extension  shall  extend  farther  than  10  miles 
beyond  said  limits. 

The  Board: 

Sec.  2.  There  shall  be  a  board  appointed  by  the  Mayor  in  said  city  to  be 
known  as  the  Board  of  Street  Railway  Commissioners,  hereinafter  to  be 
referred  to  as  the  Board,  which  shall  consist  of  three  members,  who  shall  reside 
in  the  City  of  Detroit,  whose  terms  of  office  shall  terminate  with  that  of  the 
Mayor  who  appoints  them  and  shall  be  subject  to  removal  at  the  will  of  the 
Mayor.  E^ch  member  of  said  board  shall  receive  a  salary  of  five  thousand 
dollars  a  year  and  shall  devote  himself  actively  to  the  duties  of  the  office 
Any  vacancy  in  said  board  shall  be  filled  by  the  Mayor. 

Organization  of  Board: 

Sec.  3.  Each  conmiissioner  shall  take  and  file  in  the  office  of  the  City 
Clerk  the  oath  of  office  prescribed  for  city  officers,  and  shall  execute  a  bond 
in  a  sum  to  be  determined  by  the  Common  Council,  conditioned  as  is  pre- 
scribed for  city  officers.  They  shall  name  a  President  and  a  Vice-President 
from  their  own  number  and  the  President  shall  be  ex-officio  a  member  of  the 
Common  Council  when  acting  on  the  estimates,  but  without  a  vote  therein. 

Department  Appointment : 

Sec.  4.  Said  board  shall  appoint  and  fix  the  salaries  of  a  Secretary  and  a 
General  Manager;  each  shall  be  subject  to  removal  at  the  will  of  the  board, 
and  each  shall  take  and  file  in  the  office  of  the  City  Clerk  the  oath  of  office 
prescribed  for  city  officials  and  shall  execute  a  bond  in  a  sum  to  be  deter- 
mined by  the  board.  The  General  Manager  shall,  subject  to  the  approval  of 
the  board,  employ  inspectors,  accountants,  engineers,  superintendents,  and 
other  agents  and  servants  for  the  purpose  of  enabling  it  to  properly  perform 
all  of  the  duties  incumbent  upon  the  board.  The  commissioners  and  each 
appointee  and  employee  shall  be  paid  out  of  the  earnings  of  said  street  railwav 
system. 

Services  of  Other  Departments: 

Sec.  5.  Said  board  shall  have  power  to  call  upon  all  city  departments  or 
other  city  officers  for  any  service  that  may  be  required  in  connection  with  the 


CITY  CHARTER— CHAPTER  XII.  127 

work  of  said  board,  but  any  extra  expense  to  the  city  for  such  service  shall 
be  a  charge  upon  the  street  railway  fund  and  upon  no  other. 

Requirements  of  Deeds,  Contracts,  Etc. : 

Sec.  6.  All  deeds,  contracts,  leases  or  purchases  shall  be  made  by  the 
President  of  said  Board  and  the  Secretary  thereof,  in  the  name  of  the  City  of 
Detroit. 

Proceedings  of  Purchase,  Lease,  Etc. : 

Sec.  7.  Said  board  shall  proceed  promptly  in  the  name  of  the  City  of 
Detroit  to  purchase,  lease,  acquire  or  construct  and  to  own  and  operate  a 
street  railway  system  according  to  the  provisions  of  this  article,  and  as  soon 
as  practicable  to  make  said  system  exclusive.  Said  board  shall,  whenever  it 
deems  it  necessary,  build  extensions  and  new  lines.  Such  extensions  and 
new  Hnes  shall  be  first  approved  by  the  Common  Council  of  the  City  of  De- 
troit and  said  board  may  purchase  or  lease  or  by  appropriate  proceedings  pre- 
scribed by  law  and  in  the  name  of  the  City  of  Detroit  condemn  all  or  any 
part  of  the  existing  street  railway  property  or  any  other  property  necessary  in 
the  City  of  Detroit,  and  if  said  board  shall  so  determine,  it  may  make  the 
necessary  purchases  of  lands,  machinery,  engines,  ties,  rails,  poles,  wires,  con- 
duits, cars,  tools  and  all  other  articles,  apparatus,  appliances,  instruments  and 
things  necessary  to  construct,  own,  maintain  and  operate  and  said  board  shall 
so  construct,  own,  maintain  and  operate  in  said  city  a  street  railway  system  in. 
on  and  through  such  streets  and  other  places  of  said  City  of  Detroit  as  shall 
be  selected  in  the  manner  aforesaid. 

Proceedings  Regarding  Extensions: 

Sec.  8.  Said  board  may  with  the  approval  of  the  Common  Council  also 
purchase,  acquire,  condemn  or  construct  in  the  same  manner  as  in  the  last 
paragraph  mentioned  at  any  time  and  from  time  to  time  an  extension  or  ex- 
tensions of  said  street  railway  system  in  any  one  or  more  directions  beyond 
the  limits  of  said  city,  but  no  single  extension  shall  extend  farther  than  ten 
miles  beyond  the  limits  of  said  city. 

Election  to  Authorize  Purchase  or  Lease : 

Sec.  9.  Any  contract  to  purchase  or  lease  herein  contemplated  of  existing 
street  railway  property  shall  be  void  unless  approved  by  three-fifths  of  the 
electors  voting  thereon  at  any  general  or  special  election. 

Election  to  Authorize  Condemnation: 

Sec.  10.  Before  any  proceedings  to  condemn  any  street  railway  property 
shall  be  instituted  the  board  shall  report  to  the  Common  Council  what  prop- 
erty it  proposes  to  condemn  and  the  Common  Council  shall  submit  said 
proposal  to  the  electors  of  the  City  of  Detroit  at  a  general  or  special  election 
and  said  board  shall  proceed  to  execute  said  proposal  if  it  is  approved  by 
three-fifths  of  the  electors  voting  thereon,  but  not  otherwise. 

Election  to  Authorize  Construction: 

Sec.  11.  Before  proceeding  to  construct  a  street  railway  system  for  the 
City  of  Detroit  said  board  shall  report  to  the  Common  Council  upon  what 
streets  it  proposes  to  construct  street  car  lines  and  the  number  of  tracks  on 
each  street,  together  with  the  estimated  cost  of  such  proposed  construction. 


128  CITY  CHARTER— CHAPTER  XII. 

and  the  question  of  constructing  a  street  railway  sjstem  in  the  manner  so 
proposed  shall  be  submitted  by  the  Common  Council  to  the  electors  of  the 
City  of  Detroit  at  a  special  or  general  election ;  and  said  street  railway  system 
shall  be  so  constructed  in  case  said  plan  is  approved  by  three-fifths  of  electors 
voting  thereon,  but  not  otherwise. 

Resubmission  of  Proposals : 

Sec.  12.  In  case  the  electors  shall  reject  any  proposed  sale  or  lease  or  any 
proposed  condemnation  proceedings  or  any  proposed  plan  of  construction 
said  board  shall  submit  another  proposal  or  other  proposals  and  continue  to 
do  so  until  a  proposal  is  approved  by  three-fifths  of  the  electors  voting  thereon 
and  when  so  approved  said  board  shall  proceed  promptly  to  execute  said 
proposal. 

Bond  Issues  (General) : 

Sec.  13.  The  Common  Council  of  the  City  of  Detroit  shall  on  the  request 
of  said  board  issue  bonds  of  the  City  of  Detroit  to  be  known  as  general  bonds 
to  the  amount  of  two  per  cent  of  the  assessed  value  of  all  the  real  and  per- 
sonal property  in  the  city,  and  such  bonds  shall  be  issued  or  authorized  by 
the  city  provided  that  such  issue  shall  not  exceed  the  bondings  limit  fixed  by 
law,  and  shall  be  payable  by  the  City  of  Detroit  at  such  time  or  times  (not 
more  than  fifty  years  from  the  date  of  issue),  and  bearing  such  rate  of  interest 
as  the  board  and  Common  Council  may  determine,  and  said  Common  Council 
shall  sell  all  or  any  part  of  said  bonds  at  any  time  and  from  time  to  time  upon 
the  request  of  said  board  and  pay  the  proceeds  to  the  City  Treasurer  for  the 
use  and  benefit  of  said  board,  and  said  proceeds  shall  be  used  for  the  purpose 
of  securing  in  some  one  of  the  ways  herein  provided  a  street  railway  svstem 
in  the  City  of  Detroit  and  for  such  distances  beyond  the  city's  limits  as  shall 
be  fixed  and  determined  under  this  act. 

Bond  Issues  (Street  Railway  Bonds)  : 

Sec.  14.  Said  Common  Council  shall  likewise  on  request  of  said  board 
issue  further  or  additional  bonds  of  the  City  of  Detroit  to  be  known  as  street 
railway  bonds  in  such  denomination  and  payable  at  such  time  or  times  (not 
more  than  fifty  years  from  date  of  issue),  and  bearing  such  rate  of  interest 
as  the  Common  Council  and  said  board  may  determine.  These  bonds  shall 
be  issued  regardless  of  the  city's  bonding  limit.  Said  bonds  shall  impose  no 
liability  on  the  City  of  Detroit,  and  shall  be  secured  only  upon  the  propertv 
and  revenues  of  the  street  railway  system,  including  a  suitable  street  railway 
franchise  stating  the  terms  upon  which,  in  case  of  foreclosure  and  purchase, 
the  purchaser  may  operate  the  same,  which  franchise  shall  in  no  case  extend 
for  a  longer  period  than  twenty  years  from  the  date  of  purchase  on  fore- 
closure of  the  street  railway  system  and  the  franchise. 

Submitting  Security  Franchise: 

Sec.  15.  Said  board  shall  prepare  such  a  franchise  and  submit  the  same 
to  the  Common  Council  of  the  City  of  Detroit  and  the  Common  Council  shall 
submit  it  to  the  electors  of  said  city,  and  if  approved  by  three-fifths  of  the 
electors  voting  thereon  said  franchise  shall  be  vaild ;  if  not  approved  by  the 
electors  aforesaid  said  board  shall  continue  to  prepare  and  said  Common 
Council  shall  continue  to  submit  franchises  as  aforesaid  until  a  franchise  is 
approved  by  three-fifths  of  the  electors  voting  thereon  at  any  general  or  spe- 
cial election. 


CITY  CHARTER— CHAPTER  XII.  129 

Mortgage  Lien  on  Franchise : 

Sec.  16.  When  a  franchise  has  been  submitted  to  and  approved  by  the 
electors  as  herein  provided  said  board  shall  prepare  and  with  the  consent  of 
the  Common  Council  execute  a  mortgage  in  the  usual  form  to  a  trustee  which 
mortgage  shall  give  said  trustee  a  first  lien  on  said  franchise  and  on  all  the 
then  and  future  acquired  property  of  said  street  railway  system  and  on  all 
the  net  earnings  of  said  system  and  on  all  the  street  railway  sinking  fund  to 
secure  the  payment  of  the  principal  and  interest  of  said  street  railway  bonds, 
and  when  said  mortgage  is  executed  and  recorded  by  said  board,  then  said 
board  may  request,  and  said  Common  Council  shall  direct  the  issue  and  sale 
of  enough  of  said  street  railway  bonds  to  complete  the  payment  of  the  pur- 
chase price  or  the  award  in  condemnation  proceedings  or  the  cost  of  said  con- 
struction, and  whenever  any  extension  to  said  street  railway  system  is  author- 
ized as  herein  provided,  said  Common  Council  shall  issue  and  sell  a  further 
and  additional  amount  of  said  street  railway  bonds  sufficient  to  pay  the  actual 
cost  of  the  extension  and  no  more.  Out  of  the  proceeds  of  the  sale  of  said 
bonds  said  board  shall  pay  the  cost  and  expenses  of  said  extensions. 

Board's  Control  Defined — Reports  Required : 

Sec.  17.  Said  board  shall  have  the  supervision,  management  and  control 
of  the  entire  street  railway  system  owned  or  leased  by  the  City  of  Detroit, 
both  in  its  construction  and  maintenance  and  operation  as  full  and  completely 
as  if  said  board  represented  private  owners.  Said  board  shall  report  its 
doings  to  the  Common  Council  annually  and  at  such  other  times  as  the  Com- 
mon Council  may  direct. 

The  Rate  of  Fare  and  Sinking  Fund  Requirements: 

Sec.  IS.  The  rate  of  fare  on  said  street  railway  system  shall  be  sufficient  to 
pay,  and  the  said  board  shall  cause  to  be  paid : 

(a)  Operating  and  maintenance  expenses,  including  paving  and  watering 
between  tracks. 

(b)  Taxes  on  the  physical  property  of  the  entire  street  railway  system,  tlie 
same  as  though  privately  owned. 

(c)  Fixed  charges,  including  interest  on  bonds  issued  at  the  board's  request. 

(d)  A  sufficient  per  cent  per  annum  so  as  to  provide  a  sinking  fund  to  pay 
the  principal  of  the  bonds  issued,  at  their  maturity,  to  the  end  that  the  entire  cost 
of  said  street  railway  system  shall  be  paid  eventually  out  of  the  earnings  thereof. 

Electric  Light,  Heat  and  Power — Price: 

Sec.  19.  Said  board  shall  have  power  to  procure  and  install  the  necessary 
apparatus,  appliances  and  connections  and  may  supply  or  sell  from  its  sur- 
plus, electric  light,  heat  and  power  to  any  and  all  applicants  therefor  at  a  rea- 
sonable price,  but  not  below  cost. 

By-Products : 

Sec.  20.  Said  board  shall  as  soon  as  possible  have  in  use  and  shall  there- 
after maintain  a  plant  or  plants  for  manufacturing  practicable  by-products, 
and  may  sell,  consume  or  distribute  all  its  by-products. 

Motor  Busses  and  Other  Conveyances : 

Sec.  21.  Said  board  shall  have  the  power  whenever  in  their  opinion  such 
a  course  is  necessary  or  desirable  to  acquire,  buy,  own,  lease  and  operate  or 


130  CITY  CHARTER— CHAPTER  XII. 

license  and  regulate  motor  busses,  omnibuses,  carryalls  and  any  other  kind  of 
conveyance  deemed  necessary  or  desirable  for  transporting  passengers. 

Arbitration : 

Sec.  22.  In  case  of  dispute  over  wages  or  condition  of  employment,  said 
board  is  hereby  authorized  and  directed  to  arbitrate  any  question  or  ques- 
tions, provided  each  party  shall  secure  in  advance  payment  of  half  the  expense 
of  such  arbitration. 

Duty  Regarding  Privately  Owned  Street  Car  Lines: 

Sec.  23.  Whenever  and  as  long  as  there  shall  be  any  privately  owned  or 
privately  operated  street  car  lines  in  Detroit  it  shall  be  the  duty  of  said  board 
in  the  name  of  the  City  of  Detroit  to  enforce  all  franchises,  ordiriances,  rules 
and  regulations  at  any  time  existing,  governing  the  same  or  appertaining 
thereto  and  to  collect  any  damages  suffered  or  penalties  incurred  by  reason  of 
any  violation  thereof;  provided,  however,  nothing  herein  contained  shall 
deprive  the  Common  Council  of  the  City  of  Detroit  of  the  power  and  duty  to 
enforce  any  such  franchises,  ordinances,  rules  and  regulations  and  to  collect 
any  such  damages  or  penalties. 

Suits  at  Law: 

.Sec.  24.  Said  board  shall  have  power  to  do  all  things  including  commence- 
ment, prosecution,  defending  and  settlement  of  all  suits  which  they  mav  deem 
necessary  or  desirable  for  the  proper  performance  of  their  dutv  or  the  protec- 
tion of  the  property  confided  to  their  care. 

Settlement  of  Claims: 

Sec.  25.  All  claims  that  may  arise  in  connection  with  said  street  railway 
system  shall  be  presented  as  are  ordinary  claims  against  the  City  of  Detroit, 
but  the  disposition  and  settlement  thereof  before  or  after  such  presentation 
shall  rest  in  the  discretion  of  said  board  and  the  cost  of  investigation,  attor- 
neys' fees,  all  claims  that  may  be  allowed  and  final  judgments  obtained  on 
said  claims  shall  be  paid  from  the  operating  revenues  of  said  railway. 

Injury  to  Property — Punishment: 

Sec.  26.  Any  person  who  shall  cut,  break,  injure  or  destroy  any  of  the 
property  owned  by  the  City  of  Detroit  and  in  control  of  said  board,  with 
intent  to  prevent  or  interrupt  the  business  of  said  board,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars  or  by  imprisonment 
not  exceeding  sixty  days  or  both  fine  and  imprisonment  at  the  discretion  of 
the  court.  Proof  that  the  act  was  willful  shall  be  prima  facie  evidence  of 
such  intent. 

Bonds  Exempt  From  Taxation: 

Sec.  27.     All  bonds  issued  under  this  act  shall  be  exempt  from  all  taxation. 

Custody  and  Disbursement  of  Money: 

Sec.  28.  All  money  received  from  any  source  in  relation  to  said  street 
railway  shall  be  paid  into  the  city  treasury  and  disbursed  and  paid  out  only 
upon  vouchers  signed  by  the  President  or  the  Vice-President  and  Secretary 
of  said  board  and  duly  approved  and  countersigned  by  the  Controller 


CITY   CHARTER— CHAPTER   XII.  131 

The  Sinking  Fund : 

Sec.  29.  The  sinking  fund  lierein  provided  for  shall  be  kept  separate  from 
all  other  sinking  funds  of  the  city  and  shall  be  invested  in  such  manner  as 
the  Board  of  Street  Railway  Commissioners  shall  decide  and  the  Common 
Council  shall  approve. 

Preliminary  Expenses  Provided: 

Sec.  30.  The  Common  Council  shall  appropriate  for  preliminary  expenses 
of  and  investigations  by  said  board  such  portion  of  $100,000  as  said  board 
shall  deem  necessary. 

Common  Council  Ordinances: 

Sec.  31.  The  Common  Council  may  adopt  ordinances  not  in  conflict  here- 
with to  carry  out  the  purposes  and  provisions  of  this  act. 

Validating  the  Chapter : 

Sec.  32.  If  any  of  the  provisions  of  this  chapter  are  in  conflict  with  any 
other  provisions  contained  in  the  charter  of  which  this  chapter  is  a  part  the 
provisions  of  this  chapter  shall  be  valid,  the  provisions  in  conflict  therewith 
to  the  contrary  notwithstanding.  Nothing  in  this  section  is  to  be  construed 
to  abolish  the  minimum  wage,  the  eight  hour  service  day  or  the  civil  service 
provisions  in  the  street  railway  service. 


132  CITY  CHARTER— CHAPTER   XIII. 


CHAPTER   XIII. 

ADMINISTRATION  OF  PUBLIC  UTILITIES 

Administration  of  Public  Utilities: 

Sec.  1.  The  administration  of  all  public  utilities  owned  and  operated  by 
the  city,  except  the  street  railway  system,  and  the  supervision  of  all  other  pub- 
lic utilities  operated  in  the  city,  except  as  herein  otherwise  provided,  shall  be 
severally  vested  in  the  Department  of  Water  Supply  and  the  Department  of 
Public  Lighting,  in  the  manner  and  with  the  powers  as  herein  prescribed. 

II:    Department  of  Water  Supply. 

Water  Commission — Powers  and  Duties: 

Sec.  2.  The  Water  Commission,  as  head  of  the  Department  of  Water 
Supply,  shall  examine  and  consider  all  matters  relative  to  supplying  the  city 
with  a  sufficient  quantity  of  pure  and  wholesome  water  to  be  taken  from  the 
Detroit  River  or  such  other  source  as  may  be  deemed  expedient  for  the  use 
of  its  inhabitants ;  shall,  at  all  times  whenever  the  necessary  funds  shall  have 
been  provided,  erect  and  maintain  within  or  without  the  city  such  reservoirs, 
buildings,  machinery  and  fixtures,  lay  such  pipes,  construct  such  aqueducts 
and  other  works,  and  secure  and  maintain  the  same  as  shall  be  required  to 
furnish  a  full  supply  of  water  for  public  or  private  use  in  the  city;  shall  con- 
duct, discharge,  dispose  of  and  distribute  the  same;  may,  in  the  name  of  the 
city,  take  and  hold,  by  purchase,  gift,  devise,  bequest  or  otherwise,  such  fran- 
chises and  real  and  personal  property,  either  within  or  without  the  city,  as 
may  be  needful  or  convenient  for  carrying  out  the  intents  and  purposes  for 
which  the  department  is  established ;  may,  whenever  any  lands  are  deemed 
necessary  to  be  taken  by  the  commission  in  the  name  of  the  city  without  the 
consent  of  the  owner,  cause  to  be  instituted  the  necessary  condemnation  pro- 
ceedings under  the  general  law  to  accomplish  such  purpose;  may,  by  and  with 
the  consent  of  the  Common  Council,  sell  and  convey  or  lease  the  same  when- 
ever required  by  the  interests  of  the  city ;  may  establish  all  reasonable  rules 
and  regulations  to  protect  the  rights  and  property  vested  in  the  city  and 
under  the  control  of  the  commission,  and  to  aid  the  city  in  the  performance 
of  the  duties  imposed  upon  it ;  and  may  make  all  contracts  to  carry  out  the 
objects  and  purposes  of  the  commission,  as  herein  provided :  Provided,  that 
such  contracts  shall  be  first  approved  by  the  Common  Council.  The  com- 
mission shall  also  have  such  other  powers  as  are  herein  prescribed  or  may  be 
necessary  for  the  proper  discharge  of  its  duties,  and  such  other  powers  and 
rights  not  herein  granted,  as  are  given  to  water  boards  by  the  general  laws 
of  the  state  and  are  not  inconsistent  with  the  powers  and  rights  herein 
granted. 


CITY   CHARTER— CHAPTER   XIII.  133 

Hydrants,  Fountains,  Aqueducts,  Etc. : 

Sec.  3.  The  commission  shall  provide  for  the  erection  of  necessary  fire 
hydrants  in  such  localities  in  the  city  as  it  may  deem  necessary,  or  the  Fire 
Commission  and  the  Common  Council  may  order;  may  erect  drinking 
hydrants  in  each  block  of  the  city ;  may,  with  the  consent  of  the  Common 
Council,  erect  fountains  in  such  public  grounds  as  it  may  deem  expedient; 
may,  by  and  with  the  consent  of  the  Common  Council  and  the  Commission 
of  Public  Works,  conduct  pipes  and  construct  aqueducts  over  or  under  any 
watercourse  or  under  any  street,  turnpike,  alley,  highway  or  other  way  within 
or  without  the  city  and  in  such  manner  as  not  unnecessarily  to  obstruct  or 
impede  tra\el  thereonto  and  may,  with  the  consent  and  under  the  supervision 
and  direction  of  the  Commissioner  of  Public  Works,  enter  upon,  dig  up  and 
backfill,  with  like  restrictions  as  to  travel,  any  such  street,  alley,  road  or 
way,  for  the  purpose  of  laying  such  pipes  or  constructing  such  aqueducts  and 
other  works  beneath  the  surface  thereof  and  maintaining  and  renewing  the 
same.  The  Commissioner  of  Public  Works  shall  cause  to  be  restored  the  con- 
creting and  pavement  of  any  such  street,  alley  or  way  to  its  former  condition, 
so  far  as  may  be,  and  the  expenses  of  such  inspection  and  restoration  of  con- 
creting and  paving  shall  be  a  charge  against  the  Department  of  Water  Supply. 

Water  Rates — Assessment  and  Collection : 

Sec.  4.  The  commission  shall,  from  time  to  time,  cause  to  be  assessed 
the  water  rates  to  be  paid  by  the  owner  or  occupant  of  each  house  or  build- 
ing having  the  use  of  water  and  against  any  person  or  persons  using  water, 
upon  such  basis  as  it  shall  deem  equitable,  and  such  water  rates  shall  become 
and  be,  until  paid,  a  lien  upon  such  house  or  other  building  and  upon  the  lot 
or  lots  upon  which  such  house  or  building  shall  be  situated.  The  Commis- 
sion may  make  and  enforce  all  necessary  by-laws,  rules  and  regulations  for 
the  collection  of  the  water  rates.  All  water  rates  shall  be  paid  into  the  city 
treasury  by  those  using  the  water.  On  receipt  thereof,  the  City  Treasurer 
shall  give  receipt  therefor  to  those  paying  them.  Whenever  any  person  or 
persons  using  water  shall  fail  to  pay  the  rates  fixed  by  the  Commission,  the 
water  may  be  shut  ofT,  or  suit  may  be  instituted  by  the  city  for  the  collection 
of  the  same  in  any  court  of  competent  jurisdiction,  or  the  same  may  be  col- 
lected by  the  sale  of  the  lot  or  premises  upon  which  the  rates  shall  have 
become  a  lien;  Provided,  that  such  sale  shall  be  conducted  in  the  same  manner 
and  shall  have  the  same  force,  virtue  and  efifect  as  sale  of  lots  delinquent  for 
city  taxes.  But  no  attempt  to  collect  such  rates  by  any  process  herein  pro- 
vided shall  in  any  way  invalidate  the  lien  upon  the  lot  or  premises. 

Water  Tax — Assessment  and  Collection: 

Sec.  5.  All  water  rates,  paid  into  the  city  treasury,  shall  apply  exclusively 
on  the  payment  of  all  expenses  incurred  by  the  commission,  including  the 
interest  or  principal  of  all  bonds  issued  on  behalf  of  the  water  system  of  the 
city.  Not  less  than  thirty  days  before  the  time  herein  provided  for  assessing 
city  taxes,  the  Commission  shall  each  year  make  a  special  report  to  the  Com- 
mon Council,  stating  what  sum,  if  any,  over  and  above  the  revenues  of  the 
Commission  for  the  ensuing  fiscal  year,  the  Commission  will  need  to  meet  the 


134  CITY   CHARTER— CHAPTER    XIII. 

payment  of  the  interest  or  principal  of  all  bonds  issued  on  behalf  of  the 
water  system.  On  receipt  of  this  report  and  in  connection  with  the  assess- 
ment of  the  general  city  taxes,  the  Common  Council  shall  provide  for  raising 
the  amount  asked  for  by  the  Commission  by  a  special  tax,  to  be  designated  a 
water  tax,  in  the  same  manner  as  is  provided  for  raising  the  general  taxes. 
The  proceeds  of  the  water  tax  shall  be  paid  into  the  city  treasury  and  shall 
apply  exclusively  on  payment  of  the  interest  or  principal  of  bonds,  for  the 
payment  of  which  it  shall  have  been  assessed. 

Records,  Assessment  Lists  and  Reports : 

Sec.  6.  The  commission  shall  cause  to  be  kept  an  accurate  record  of  all 
proceedings,  together  with  a  list  of  all  assessments  for  water  rates,  which  shall 
be  subject  to  inspection  at  all  times;  shall  transmit  to  the  City  Treasurer  a 
list  of  all  those  using  water,  from  which  list  the  City  Treasurer  shall  receive 
the  water  rates,  as  herein  provided,  and  shall  make  an  annual  report  to  the 
Common  Council,  stating  the  condition  and  operation  of  the  works,  the  num- 
ber of  contracts  let  and  the  number  of  contracts  completed.  This  statement 
shall  be  certified  by  the  Commission,  entered  of  record  by  the  City  Clerk,  and 
published  in  such  manner  as  the  Common  Council  may  direct.  The  Commis- 
sion shall  also  make  such  other  reports  as  the  Common  Council  may,  from 
time  to  time,  require. 

Pipes,  Etc.,  Under  Private  Property  City  Property : 

Sec.  7.  The  material  of  all  pipes,  aqueducts  and  other  works,  laid  or  con- 
structed above  or  beneath  the  soil  of  any  person  or  private  corporation,  shall 
be  and  remain  the  sole  property  of  the  city,  subject  to  the  control  and  manage- 
ment thereof  by  the  Commission  by  and  with  the  consent  of  the  Common 
Council.  No  person  shall  interfere  or  meddle  therewith  without  the  written 
assent  of  the  Commission,  signed  by  its  president  and  secretary. 

Penalty  for  Polluting  Water,  Etc. : 

Sec.  8.  Any  person  who  shall  wilfully  do  or  cause  to  be  done  any  act 
whereby  any  work,  materials  or  other  property  whatsoever,  erected  or  used 
within  or  without  the  city  by  the  Commission  or  by  any  person  acting  under 
its  authority  for  the  purpose  of  procuring  or  keeping  a  supply  of  water,  shall 
be  injured,  or  who  shall  wilfully  throw  or  place,  or  cause  to  be  thrown  or 
placed  any  carcass  of  a  dead  animal  or  person,  or  any  other  deleterious  or 
filthy  substance  whatever,  in  any  reservoir,  pipe  or  aqueduct  of  the  depart- 
ment, through  which  water  for  private  or  public  use  is  conveyed,  or  who 
shall  throw  or  place,  or  cause  to  be  thrown  or  placed  any  such  carcass,  dele- 
terious or  filthy  substance  in  the  Detroit  River  or  Lake  St.  Clair,  within  a 
distance  of  six  miles  above  any  inlet  pipe  of  the  department  extending  into 
the  river,  and  through  the  supply  of  water,  or  any  part  thereof  that  is 
received,  or  who  shall  do  or  cause  to  be  done  any  other  act  to  pollute  the  water 
wilfully,  shall  be  guilty  of  a  misdemeanor  and,  on  conviction,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  imprisonment  in  the 
house  of  correction  for  a  period  not  exceeding  two  years,  or  both,  in  the  dis- 
cretion of  the  court.  The  commission  shall  cause  to  be  erected  notices  of  so 
much  of  this  section  as  relates  to  reservoirs  and  the  Detroit  River  and  Lake 
St  Clair  at  conspicuous  points  on  such  reservoirs  and  along  the  American 
shore  of  the  river  and  lake  within  the  distance  above  mentioned,  and  for  this 
purpose  the  commission  or  its  agents  may  enter  upon  iiri\-ate  property. 


CITY   CHARTER— CHAPTER    XIII.  135 

Penalty  for  Tapping  Pipes,  Etc. : 

Sec.  9.  Any  person  who  shall,  without  authority  of  the  commission  or  of 
its  proper  agents,  perforate  or  bore,  or  cause  to  be  perforated  or  bored,  any 
distributing  pipe,  main,  log  or  aqueduct  belonging  to  the  city,  or  make  or  c'ause 
to  be  made  any  connection  or  communication  with  such  pipes,  aqueducts  or 
logs,  or  who  shall  meddle  with  or  move  the  same,  or  any  machinery,  apparatus 
or  fixture  of  the  city,  or  who  shall  take  down  or  deface  any  notice  herein  pro- 
vided, or  cause  the  same  to  be  done,  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction,  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars  and 
by  imprisonment  in  the  house  of  correction  until  such  fine  shall  have  been 
paid;  but  no  such  imprisonment  shall  be  for  more  than  ninety  days. 

Penalty  for  Breaking  Pipes,  Etc. : 

Sec.  10.  Any  person  who  shall  wilfully  and  maliciously  break  or  cut  any 
inlet  pipe,  main  distributing  pipe,  log,  or  aqueduct  used  by  the  commission 
for  conducting  water,  or  who  shall  dig  up  or  break  up  any  reservoir  filled  or 
partially  filled  with  water,  or  who  shall  break  or  injure  any  pumping  engine 
or  any  part  thereof,  or  any  machinery  connected  therewith,  belonging  to 
the  city,  or  who  shall  cause  any  of  these  acts  to  be  done,  shall  be  guilty  of 
felony,  and  on  conviction,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  not  more  than  five  years  or  by  a  fine  not  exceeding  one  thousand 
dollars  and  imprisonment  in  the  county  jail  not  more  than  one  year. 

Courts  of  Competent  Jurisdiction : 

Sec.  11.  All  violations  of  the  provisions  of  this  charter  governing  the 
water  system  shall,  when  committed  within  the  city  limits,  be  tried  in  the 
Recorder's  Court,  and  when  committed  beyond  the  city  limits,  be  tried  in  the 
Circuit  Court  for  the  County  of  Wayne. 

Power  to  Supply  Water  to  Non-Residents : 

Sec.  12.  The  commission  may  extend  distributing  pipes,  aqueducts  and 
mains  and  erect  hydrants  without  the  city,  and  may  regulate,  protect  and  con- 
trol such  portions  of  the  works  and  the  water  supply  therefrom  in  the  same 
manner  as  it  may  regulate  and  control  the  works  and  water  supply  v?*khin  the 
city.  But  before  any  water  shall  be  supplied  to  any  person  or  persons  resid- 
ing without  the  city,  the  entire  cost  v,f  laying  such  distributing  pipes,  includ- 
ing the  cost  of  superintendence  and  engineering,  shall  be  paid  to  the  city,  and 
all  such  distributing  pipes  through  which  any  water  shall  be  supplied  by  the 
commission  shall  be  the  property  of  the  city  and  form  a  part  of  its  system 
of  distributing  pipes.  The  commission  may  determine  the  rates  at  which 
water  shall  be  sold  to  persons  residing  without  the  city ;  but  such  rates  shall 
be  not  more  than  double  the  amount  charged  to  the  inhabitants  of  the  city. 

Property  Transferred  to  City : 

Sec.  13.  All  lands,  lots,  docks,  buildings,  machinery,  pipes,  logs,  hydrants, 
and  all  fixtures  whatsoever,  purchased,  designated  or  used  for  the  present 
water  works  of  the  city  are  hereby  conveyed  and  vested  in  the  city,  which 
shall  have  full  power  to  regulate,  protect  and  control  the  same  through  the 
commission  and  the  Common  Council. 


136  CITY   CHARTER— CHAPTER   XIII. 

Ill:    Department  of  Public  Lighting. 

Public  Lighting  Commission: 

Sec.  14.  The  Public  Lighting  Commission,  as  head  of  the  Department  of 
Public  Lighting,  shall  supervise  and  control  all  public  lighting  and  the  public 
lighting  plants ;  shall  as  soon  as  practicable  furnish  and  sell  to  any  person, 
firm  or  corporation  within  the  city,  light  at  a  stipulated  rate  which  shall  be 
approximately,  but  not  less  than,  the  cost  thereof,  under  such  conditions  and 
subject  to  such  regulations  as  the  commission  may  adopt;  may  also  under 
similar  conditions  and  regulations  furnish  and  sell  light  to  any  person,  firm 
or  corporation  without  the  city  limits;  and  shall  have  such  other  powers  as 
are  herein  provided  or  may  be  necessary  for  the  proper  discharge  of  its  busi- 
ness. 

Establishment  of  Public  Lighting  Plant: 

Sec.  15.  The  commission  may  procure  lands,  and  purchase  or  construct 
the  necessary  buildings,  engines,  dynamos  and  other  machinery,  tools,  lamps, 
lines,  conduits,  poles,  towers  and  other  apparatus  and  appliances,  constituting 
a  plant  for  lighting  the  city  by  electricity,  or  by  other  means  or  system ;  lay 
pipes  and  conduits  in  the  highways,  alleys  and  public  places,  for  gas  or  elec- 
tric light  wires ;  may  erect  in  the  highways,  alleys,  and  public  places,  poles, 
towers  or  posts  for  wires  or  lamps ;  and  may  place,  construct  and  maintain 
the  necessary  lines  of  wires,  either  below  or  above  ground,  in  the  highways, 
alleys  or  public  places.  Whenever  the  commission  shall  have  adopted  plans 
and  specifications  for  the  erection  of  any  buildings,  the  Commissioner  of 
Public  Works  shall  have  the  immediate  supervision  or  superintendence  of 
the  construction  thereof,  of  the  laying  of  conduits  in  the  public  streets,  and 
of  the  necessary  excavation,  refilling  and  repaving  caused  thereby.  The  com- 
mission may  contract  for  the  purchase  of  electricity  for  lighting  purposes. 

Establishment  of  Gas  Plant: 

Sec.  16.  The  commission  shall  examine  and  consider  all  matters  relative 
to  the  manufacture  of  and  supplying  the  city  and  its  inhabitants  with  a  suffi- 
cient quantity  of  gas  for  fuel,  power  and  illuminating  purposes;  shall,  as  soon 
as  the  necessary  funds  shall  have  been  procured  as  herein  provided,  purchase 
land  and^material  for  and  construct  such  works,  plants,  machinery,  pipes  and 
fixtures  and  such  other  commodities  as  shall  be  necessary  to  carry  out  the 
intent  of  this  provision ;  and  may  construct  reservoirs  and  lay  pipes  in  and 
through  the  streets  and  alleys  and  public  places  of  the  city,  subject  to  the 
rules  and  regulations  of  the  Department  of  Public  Works.  The  commission 
may  acquire  by  eminent  domain  such  property  as  shall  be  needed  and 
intended  to  carry  out  the  intent  of  this  provision,  or  which  may  hereafter  be 
needed  and  intended,  in  such  manner  and  form  as  is  prescribed  by  the  con- 
stitution of  this  state  respecting  the  condemnation  of  public  property  by 
private  agencies. 

Purchase  of  Existing  Plant: 

Sec.  17.  The  commission  may  purchase,  of  any  incorporated  company 
now  or  hereafter  manufacturing  and  supplying  gas  to  the  city  and  to  its 
inhabitants,  its  works,  property  and  rights  and  take  a  conveyance  thereof  in 
the  name  of  the  city;  Provided,  that  the  purchase  of  any  such  incorporated 


CITY   CHARTER— CHAPTER   XIII.  137 

company  supplying  gas  to  the  inhabitants  of  the  city  shall  first  be  approved 
by  a  three-fifths  vote  of  the  electors  of  the  city  at  any  general  or  special  elec- 
tion at  which  time  the  proposition  may  be  submitted. 

Report  of  Engineer : 

Sec.  18.  The  commission  shall  employ  a  competent  engineer  who  shall 
make  estimates  showing  the  cost  of  constructing  a  gas  plant  necessary  to  fur- 
nish gas  for  illuminating,  fuel  and  power  purposes  to  the  city  and  to  its 
inhabitants.  He  shall  also  in  his  report  show  the  cost  of  maintenance  of  the 
plant  with  an  estimate  of  the  yearly  depreciation.  His  report  shall  be  com- 
plete in  all  details  so  as  to  enable  the  commission  to  determine:  (a)  the 
amount  of  money  necessary  for  the  plant  construction;  (b)  the  cost  of  main- 
taining the  plant;  (c)  the  depreciation  on  the  plant;  (d)  the  price  at  which 
gas  can  be  sold  to  the  city  and  its  inhabitants.  After  receiving  the  report 
from  the  engineer  the  commission  shall  recommend  to  the  Common  Council 
that  it  submit  an  ordinance  to  the  electors  empowering  the  commission  to 
purchase  or  construct  a  gas  plant  necessary  to  supply  the  inhabitants  of  the 
city  with  gas  for  illuminating,  power  and  fuel  purposes,  and  for  the  issuance 
of  bonds  necessary  to  pay  for  the  same. 

Regulation  of  Price  and  Use  of  Gas: 

Sec.  19.  The  commission  may  fix  the  price  of  gas  supplied  by  the  muni- 
cipal gas  plant  per  one  thousand  feet  or  in  such  other  quantity  as  they  may 
deem  necessary;  and  shall  make  necessary  by-laws  and  rules  for  the  use  of 
such  gas,  for  the  collection  of  payment  therefor  and  for  the  preservation  and 
use  of  the  property  under  its  control.  All  such  rules  or  regulations  shall  be 
in  a  book  of  record  kept  for  the  purpose  and  signed  by  the  president  and 
secretary.  The  commission  may  also  fix  the  price  of  gas  for  illuminating, 
power  and  fuel  purposes  furnished  by  any  person,  company  or  corporation 
now  or  hereafter  supplying  gas  to  the  city  or  its  inhabitants. 

Provision  for  Preliminary  Expenses: 

Sec.  20.  The  Common  Council  shall  furnish  such  money  as  it  may  deem 
advisable,  not  to  exceed  fifty  thousand  dollars,  for  the  preliminary  work  of 
the  commission  in  relation  to  acquiring  a  municipal  gas  plant. 

City  Electrician : 

Sec.  21.  The  commission  may  employ  an  electrical  engineer  who  shall  be 
known  as  the  city  electrician. 

Injuring  Public  Lighting  Property : 

Sec.  22.  Any  person  who  shall  cut,  break,  injure  or  destroy  any  building, 
engine,  dynamo  or  other  machinery,  or  appliances,  poles,  posts,  towers,  lamps, 
wires  or  conduits  erected,  constructed  or  used  for  public  lighting,  whether 
owned  by  the  city  or  by  any  party  or  parties  contracting  for  the  lighting  of 
the  city,  with  intent  to  prevent  or  interrupt  the  lighting  of  any  public  build- 
ing, or  any  part  or  portion  of  the  city,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  therefor  by  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  for  not 
more  than  ninety  days,  or  by  both  fine  and  imprisonment,  in  the  discretion 
of  the  court.  Proof  that  the  act  was  was  wilful  shall  be  prima  facie  evidence 
of  such  intent. 


138  CITY   CHARTER— CHAPTER   XIV. 


CHAPTER   XIV. 

DIVISION  OF  PUBLIC  WELFARE 

Administration  of  Public  Welfare : 

Sec.  1.  The  administration  of  the  public  welfare  in  and  for  the  city, 
except  as  herein  otherwise  provided,  shall  be  vested  in  the  Department  of 
Health,  the  Department  of  Recreation,  the  Department  of  Public  Welfare 
and  the  Department  of  Labor  Welfare,  as  herein  prescribed. 

I :   Department  of  Health. 
Board  of  Health — Powers  and  Duties: 

Sec.  2.  The  Board  of  Health,  as  the  head  of  the  Department  of  Health, 
shall  supervise  and  control  the  preservation,  promotion  and  protection  of  the 
public  health  and  the  prevention  and  suppression  of  disease ;  shall  enforce  all 
laws  and  ordinances  relating  thereto;  shall  have  sanitary  supervision  of  all 
lodging  houses,  tenements  and  other  rooming  houses;  shall  make,  amend  and 
enforce  a  sanitary  code  governing  plumbing  and  drainage,  except  main  and 
lateral  sewers,  and  regulate  public  lodging  houses,  tenements  and  other  room- 
ing houses;  shall  use  all  reasonable  means  for  ascertaining  the  existence  and 
cause  of  disease  and  peril  to  life  and  for  averting  the  same  throughout  the 
city;  shall  receive  and  examine  into  the  nature  of  complaints,  made  by  any 
inhabitant  of  the  city,  concerning  any  cause  of  danger  or  injury  to  the  public 
health  within  its  jurisdiction;  shall  make  such  orders  and  regulations  con- 
cerning intercourse  with  infected  places,  the  apprehension,  separation  and 
treatment  of  persons  who  shall  have  been  exposed  to  any  infectious  or  con- 
tagious disease,  the  suppression  or  removal  of  nuisances,  and  other  matters 
concerning  the  public  health,  as  it  may  deem  necessary  and  proper  for  the 
preservation  of  the  public  health  ;  shall  give  public  notice  and  warning  of 
infected  places  to  travelers  and  other  persons  by  posting  placards  or  display- 
ing colored  flags  at  proper  distances,  and  by  such  other  means  as  it  shall  deem 
most  effectual  for  the  common  safety;  shall  promptly  report  to  the  state  board 
of  health  facts  which  relate  to  infectious  and  epidemic  diseases  within  its  jur- 
isdiction ;  and  shall  have  such  other  powers  as  are  herein  prescribed  or  may 
be  necessary  for  the  proper  discharge  of  its  duties. 

Health  Officer — Powers  and  Duties : 

Sec.  3.  The  board  shall  appoint  a  health  officer,  who  shall  be  a  graduate 
in  medicine  of  not  less  than  ten  years'  practice,  and  shall  hold  ofSce  at  the 
pleasure  of  the  board.  He  shall  appoint,. suspend  or  dismiss  all  subordinates 
and  employes  in  the  department,  as  herein  provided;  shall  devote  his  whole 
time  to  the  sanitary  condition  of  the  city ;  may,  whenever  the  regular  force  of 
the  department  shall  be  inadequate,  call  upon  the  Corporation  Counsel,  Com- 
missioner of  Police  or  other  officer  to  enforce  the  orders  of  the  department; 
and  shall  have  such  other  powers  and  perform  such  other  duties  as  are  herein 
prescribed  or  may  be  prescribed  by  the  board  or  by  the  laws  of  the  state. 


CITY   CHARTER— CHAPTER   XIV.  139 

Isolation,  Quarantine  and  Release: 

Sec.  4.  The  board  shall  require  such  isolation  and  cjuarantining  of  per- 
sons, vessels  and  sources  of  infection  as  may  be  necessary.  To  this  end  it 
may  forbid  and  prevent  all  communication  with  the  house  or  family  infected 
with  any  contagious,  infectious  or  pestilential  disease,  except  by  means  of 
physicians,  nurses  or  messengers  to  carry  the  necessary  advice,  medicines  and 
provisions  to  the  afflicted,  and  may  adopt  such  means  for  preventing  all  com- 
munication between  any  part  of  the  city,  infected  with  a  disease  of  a  pesti- 
lential, infectious  or  contagious  character,  and  all  other  parts  of  the  city,  as 
shall  be  prompt  and  effectual.  After  examination,  it  shall  release  from  such 
isolation  or  quarantine  any  person,  vessel  or  thing  whose  release  it  shall  deem 
safe.  Whenever  the  board  shall  order  such  quarantine  or  isolation,  or  release 
therefrom,  the  board  and  the  health  officer  shall  make  a  record  of  the  facts  in 
the  case  and  of  the  reasons  for  the  action  taken. 

Removal  of  Infected  Vessels  and  Things: 

Sec.  5.  \\'henever  the  board  shall  deem  it  probable  that  any  infectious  or 
contagious  disease  may  be  brought  into  the  city  or  communicated  to  its  in- 
habitants from  any  vessel  lying  at  or  near  any  wharf,  landing  place  or  shore 
of  the  city,  it  may  order  or  direct  the  vessel  to  be  removed  therefrom  and  to 
such  distance  as  the  board  shall  consider  safe.  A  copy  of  the  order  or  resolu- 
tion, duly  certified  by  the  secretary,  shall  be  delivered  to  the  person  or  per- 
sons ha\ing  command  of  the  vessel,  or  to  the  master,  owner  or  consignee 
thereof.  Thereupon,  such  person  or  persons,  master,  owner  or  consignee,  to 
whom  the  copy  of  the  order  shall  have  been  delivered,  shall  forthwith  comply 
therewith.  The  board  may  also  order  or  direct  to  be  removed  to  a  place,  to 
be  designated  by  it,  all  things  within  the  city  which  in  its  opinion  shall  be 
infected  with  any  matter  likely  to  communicate  disease  to  the  inhabitants. 
Every  person  who  shall  violate,  or  neglect  or  refuse  to  comply  with,  any  such 
order  or  provision,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 
be  punished  by  a  fine  of  not  less  than  ten  dollars  and  not  more  than  five  hun- 
dred dollars,  or  by  imprisonment  for  not  more  than  one  hundred  and  eighty 
days,  or  by  lioth  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Gratuitous  Care,  Vaccination,  Etc. : 

Sec.  6.  The  board  shall  procure  suitable  places  for  the  reception  of  persons 
and  things  infected  with  malignant,  contagious  or  infectious  diseases ;  shall 
in  all  cases,  whenever  sick  persons  cannot  otherwise  be  provided  for,  procure 
for  them  medical  and  other  attendance  and  necessaries;  and  may  take  meas- 
ures, supply  agents  and  afford  inducements  and  facilities  for  general  and 
gratuitous  vaccination  and  disinfection,  as  in  its  opinion  the  protection  of  the 
public  health  may  require. 

Reports  and  Records  of  Infection: 

Sec.  7.  The  board  shall  take  cognizance  of  and  report  every  case  of  small- 
pox or  varioloid  occurring  within  its  jurisdiction.  It  may,  by  its  rules  or  ordi- 
nances, require  that  any  householder,  knowing  that  a  person  within  his  fam- 
ily is  sick  of  smallpox,  diphtheria,  scarlet  fever  or  other  disease  dangerous  to 
the  public  health,  and  every  keeper  of  a  hotel  or  lodging  house,  knowing 
that  a  person  within  the  hotel  or  lodging  house  is  sick  with  any  such  disease, 
shall  immediately  notify  the  board,  and,  on  the  death,  recovery,  or  removal 
of  such  person,  cause  the  rooms  occupied  and  the  articles  used  by  him  to  be 


140  CITY  CHARTER— CHAPTER  XIV. 

disinfected  in  such  manner  as  the  board  shall  approve.  It  may  also,  by  like 
rules  and  ordinances,  require  that  any  physician,  knowing  that  a  person  whom 
he  shall  have  called  to  visit  is  infected  with  smallpox,  diphtheria,  scarlet  fever 
or  other  disease  dangerous  to  the  public  health,  shall  immediately  notify  the 
board  thereof.  The  board  shall  cause  to  be  kept  a  record  of  all  reports  re- 
ceived, as  herein  provided,  stating  the  names  of  the  persons  sick,  the  locali- 
ties in  which  they  live,  their  disease,  the  names  of  the  persons  reporting  any 
such  cases  and  the  dates  of  such  reports  and  shall  give  the  Board  of  Educa- 
tion or  the  Superintendent  of  Schools  immediate  information  of  all  cases  of 
contagious  diseases  reported  to  it. 

Right  of  Entry  and  Investigation : 

Sec.  8.  The  board  may  enter  upon  or  within  any  place  or  premises,  where 
conditions  dangerous  to  the  public  health  shall  be  known  or  believed  to  exist, 
and  may,  by  appointed  members  or  other  persons,  inspect  and  examine  the 
same  for  the  protection  of  life  and  health  and  for  no  other  purposes.  All 
owners,  agents  and  occupants  shall  permit  and  facilitate  such  sanitary  exami- 
nations, and  the  board  shall  furnish  to  such  owners  or  occupants  a  written 
statement  of  the  results  or  conclusions  of  such  examination. 

Procedure  to  Isolate  Infected  Town,  Etc. : 

Sec.  9.  Whenever  the  state  board  of  health  shall  have  declared  any  town 
or  city  to  be  infected  with  a  pestilential,  contagious  or  infectious  disease,  the 
board  may,  for  the  protection  or  safety  of  the  inhabitants  of  the  city,  subject 
to  quarantine,  at  a  place  to  be  designated  by  it  and  for  such  time  as  it  may 
deem  necessary,  all  vessels  arriving  at  the  port  of  Detroit  from  such  infected 
place,  town  or  city.  It  may  also  prohibit  or  regulate  the  internal  intercourse 
by  land  or  water  between  the  city  and  such  infected  place,  town  or  city,  and 
may  direct  that  all  persons  who  shall  come  into  the  city  contrary  to  its  pro- 
hibition or  regulations  shall  be  apprehended  and  either  conveyed  to  the  vessel 
or  place  whence  they  last  came,  or,  if  sick,  conveyed  to  such  place  as  the  board 
shall  direct,  to  which  place  it  may  send  all  non-residents  in  the  city  who  shall 
be  sick  of  any  infectious,  pestilential  or  contagious  disease. 

City  Hospitals: 

Sec.  10.  The  board  may  cause  to  be  removed,  to  a  proper  place  desig- 
nated by  it,  any  person  sick  with  any  contagious,  pestilential  or  infectious 
disease,  and  shall  have  exclusive  charge  and  control  of  any  public  hospitals 
for  the  treatment  of  such  case ;  Provided,  that  the  city  shall  prepare  as  good, 
comfortable  and  suitable  rooms  as  the  sick  person  occupied  when  taken  sick. 

Sanitation  of  Factories,  Etc. : 

Sec.  11.  Every  person  employing  two  or  more  children,  young  persons  or 
women,  or  five  or  more  persons  in  a  factory,  workshop,  mercantile  or  other 
establishment  or  office,  shall  keep  the  same  in  a  cleanly  state  and  free  from 
effluvia  arising  from  any  drain,  privy  or  other  nuisance.  The  owner,  lessee 
or  occupant  of  any  premises  so  used  shall  also  cause  the  same  to  be  provided, 
within  reasonable  access,  with  a  sufficient  number  of  proper  closets,  earth 
closets  or  privies  for  the  reasonable  use  of  the  employes  therein ;  and  shall, 
whenever  five  or  more  male  persons  and  five  or  more  female  persons  shall  be 
employed  therein  together,  cause  to  be  provided  a  sufficient  number  of  sepa- 
rate and  distinct  water  closets,  earth  closets  or  privies  for  the  use  of  each 


CITY  CHARTER— CHAPTER   XIV.  141 

sex,  with  such  use  plainly  designated  thereon.  No  person  shall  be  allowed  to 
use  any  such  closet  or  privy  assigned  to  the  persons  of  the  other  sex.  No 
person  shall  employ  any  labor  in  any  factory,  workshop,  mercantile  or  other 
establishment  or  office  in  which  five  or  more  persons  shall  be  employed,  in 
which  there  shall  be  such,  want  of  ventilation  during  work  therein  that  the 
air  shall  become  exhausted  to  the  extent  of  being  injurious  to  the  health  of 
the  employes  therein,  and  which  shall  not  be  so  ventilated  as  to  render  harm- 
less, as  far  as  practicable,  all  gases,  vapors,  dust  or  other  impurities,  injurious 
to  health,  generated  in  the  course  of  the  manufacturing  process  or  handi- 
craft carried  on  therein. 

Inspection  of  Factories,  Etc : 

Sec.  12.  The  board  shall,  from  time  to  time,  cause  to  be  inspected  any  fac- 
tory, workshop,  mercantile  or  other  establishment  or  office,  in  which  two  or 
more  children,  young  persons  or  women,  or  five  or  more  persons  shall  be 
employed.  If  in  any  factory  or  workshop  dust,  generated  by  any  process  car- 
ried on  therein,  shall  be  inhaled  to  an  injurious  extent  by  the  employes 
therein,  whenever  it  shall  appear  to  the  health  ofificer  that  such  inhalation 
could  be,  to  a  great  extent,  prevented  by  the  use  of  a  fan  or  other  mechanical 
means,  and  that  the  same  can  be  provided  without  excessive  expense,  he  may 
direct  the  owner,  lessee  or  occupant  of  the  premises  to  provide,  within  a 
reasonable  time,  a  fan  or  other  mechanical  means  of  proper  construction. 
Whenever  the  health  ofificer,  or  other  authorized  agent,  shall  find  any  person 
violating  any  other  provision  concerning  the  sanitation  or  ventilation  of  any 
factory,  workshop,  mercantile  or  other  establishment  or  office,  as  herein  pro- 
vided, the  health  officer  shall  forthwith  notify  such  person  in  writing  of  the 
changes  necessary  to  be  made  to  comply  with  these  provisions,  which  notice 
shall  be  sent  by  mail  or  delivered  to  such  person.  A  notice  to  all  members  of 
a  firm  or  to  a  corporation  shall  be  deemed  a  sufficient  notice  hereunder  when 
given  to  one  member  of  the  firm,  or  to  the  clerk,  cashier,  secretary,  agent  or 
any  other  officer  having  charge  of  the  business  of  the  corporation,  or  to  its 
attorney,  or,  in  case  of  a  foreign  corporation,  when  given  to  the  officer  having 
charge  of  the  factory,  establishment  or  workshop,  and  such  officer  shall  be 
personally  liable  to  the  amount  of  any  fine,  if  execution  against  the  corpora- 
tion shall  be  returned  unsatisfied.  All  changes  required  by  the  health  officer 
to  be  made,  as  herein  provided,  shall  be  made  forthwith  by  the  owner,  lessee 
or  occupant  of  the  premises;  but  if  the  changes  shall  be  made  by  the  lessee 
or  occupant  thereof,  he  may  recover,  against  any  other  person  having  an 
interest  in  the  premises,  such  proportion  of  the  expense  of  making  the  required 
changes  as  the  court  shall  adjudge  should  justly  and  equitably  be  borne  by 
the  defendant.  To  this  end  the  lessee  or  occupant  may  retain  from  any  rent 
payable  to  the  defendant  the  amount  so  recoverable  as  an  offset  thereto.  If 
any  person,  so  notified,  shall  not^  within  four  weeks  after  delivery  of  the 
notice,  make  the  required  changes,  he  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  accordingly. 

Public  Buildings  and  Schoolhouses : 

Sec.  13.  The  public  authority,  corporation  or  person  or  persons  having 
charge  of,  owning  or  leasing  any  public  building  or  schoolhouse  shall  cause 
the  same  to  be  kept  in  a  cleanly  state  and  free  from  effluvia  arising  from  any 
drain,  privy  or  other  nuisance,  to  be  provided  with  a  sufficient  number  of 
water  closets,  earth  closets  or  privies  for  the  reasonable  use  of  the  persons. 


142  CITY  CHARTER— CHAPTER  XIV. 

admitted  to  the  public  building  or  of  the  pupils  attending  the  schoolhouse, 
and  to  be  ventilated  in  such  proper  manner  that  the  air  shall  not  Ijecome 
exhausted  to  the  extent  of  being  injurious,  to  the  health  of  the  persons  present 
therein.  The  board  shall,  from  time  to  time,  cause  to  be  inspected  every  pub- 
lic building  and  schoolhouse.  Whenever  it  shall  appear  to  the  board  that  fur- 
ther or  different  sanitary  provisions  or  means  of  ventilation  will  be  required 
in  any  public  building  or  schoolhouse  in  order  to  make  it  conform  to  the 
sanitary  and  ventilating  provisions  herein  required,  and  that  the  same  can 
be  provided  without  incurring  unreasonable  expense,  the  board  may  issue  a 
written  order  requiring  the  proper  person  or  authority  to  provide  the 
required  sanitary  provision  or  means  of  ventilation.  If  the  public  authority, 
corporation  or  persons  having  charge  of,  owning  or  leasing  such  public  build- 
ing or  schoolhouse  shall  not,  within  four  weeks  after  receipt  of  the  order, 
make  the  required  provision,  the  same  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  and  not 
more  than  five  hundred  dollars,  or  by  imprisonment  for  not  more  than  one 
hundred  and  eighty  days,  or  by  both  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

Definition  of  Terms  "Factory,"  "Workshop,"  Etc. : 

Sec.  14.  The  term  "factory,"  whenever  used  herein,  shall  be  understood  to 
mean  any  premises  where  steam,  water  or  other  mechanical  power  is  used 
in  aid  of  manufacturing  carried  on  therein.  The  term  "workshop,"  whenever 
used  herein,  shall  be  understood  to  mean  any  premises,  room  or  place,  not 
being  a  factory,  where  any  manual  labor  is  therein  exercised,  by  way  of  trade 
or  for  purposes  of  gain,  in,  or  incidental,  to  any  process  in  making,  altering, 
repairing,  ornamenting,  finishing  or  adapting  for  sale  any  article  or  part  of 
an  article,  and  to  which  premises,  room  or  place  the  employer  of  the  persons 
working  therein  has  the  right  of  access  or  over  which  he  has  control.  But  the 
exercise  of  such  manual  labor  in  a  private  house  or  private  room  by  the  fam- 
ily dwelling  therein,  or  by  any  of  them,  or  by  employes  the  majority  of  whom 
are  members  of  such  family,  shall  not  of  itself  constitute  such  house  or  room 
a  workshop  within  the  definition.  The  term  "public  building,"  whenever  used 
herein,  shall  be  understood  to  mean  any  building  or  premises  used  as  a  place 
of  public  entertainment,  instruction,  resort  or  assemblage.  The  term  "school- 
house,"  whenever  used  herein,  shall  be  understood  to  mean  a  building,  room 
or  premises,  in  which  public  or  private  instruction  is  afTorded  to  not  less  than 
ten  pupils  at  one  time. 

Inspection  of  Food,  Drink  and  Drugs: 

Sec.  15.  The  board  shall  enforce  all  provisions  of  law  and  of  the  ordi- 
nances, within  its  jurisdiction,  relating  to  the  inspection  of  milk,  meats,  bread, 
vegetables,  or  other  articles  of  food,  drink  and  drugs,  and  relating  to  the  pre- 
vention of  the  sale  of  adulterated,  diseased,  decayed,  or  other  improper  articles 
of  food,  drink  or  drugs.  Whenever  any  law  or  ordinance  shall  require  inspec- 
tors to  be  appointed  for  the  inspection  of  any  such  articles,  such  inspectors 
shall  be  appointed  by  the  health  ofificer. 

Control  Over  Public  Nuisances: 

Sec.  16.  Whenever  any  building,  erection,  excavation,  premises,  business 
pursuit,  matter  or  thing,  or  the  sewerage,  drainage,  or  ventilation  thereof. 
whether  as  a  whole  or  in  any  particular,  shall,  in  the  opinion  of  the  board,  be 


CITY  CHARTER— CHAPTER  XIV.  143 

in  a  condition  or  in  effect  dangerous  to  life  or  health,  the  board  may  take  and 
hie  among  its  records  what  it  shall  regard  as  sufficient  proof  to  authorize  its 
declaration  that  the  same,  to  the  extent  it  may  specify,  is  a  public  nuisance  or 
dangerous  to  life  or  health.  The  board  may  thereupon  enter  in  its  records 
the  same  as  a  nuisance,  and  order  the  same  to  be  removed,  abated,  suspended, 
altered,  or  otherwise  improved  or  purified,  as  the  order  shall  specify.  If 
any  party  served  with  such  order  shall,  before  its  execution  shall  have  been 
commenced  or  within  three  days  after  such  service  or  attempted  service, 
apply  to  the  board  or  the  health  officer  for  a  modification  of  the  order  or  a 
stay  of  its  execution,  the  board  shall  modify  the  order  or  temporarily  suspend 
its  execution,  except  in  cases  of  imminent  danger  from  impending  pestilence, 
when  the  board  may  exercise  extraordinary  powers,  as  herein  elsewhere  pro- 
vided, and  shall  give  such  party  or  parties  together,  as  the  case  in  the  opinion 
of  the  board  may  require,  a  reasonable  and  fair  opportunity  to  be  heard  and 
to  present  facts  and  proofs  according  to  the  rules  or  directions  of  the  board 
against  the  declaration  and  the  execution  of  the  order,  or  in  favor  of  its  modifi- 
cation, according  to  the  regulations  of  the  board.  The  board  shall  enter  in 
its  minutes  a  memorandum  of  such  facts  and  proofs  as  it  may  receive  or  take 
and  of  its  proceedings  on  such  hearing,  and  may  thereafter  rescind,  modify 
or  reaffirm  its  declaration  and  order,  and  require  execution  of  the  original, 
or  of  a  new  or  modified  order  to  be  made,  in  such  form  and  effect  as  it  may 
finally  determine.  In  cases  where  no  hearing  shall  have  been  asked  for  by 
the  party  affected,  the  order  shall  not  be  so  altered  as  to  render  its  effect 
more  burdensome  than  the  original  order.  The  board  may  change  or  modify 
any  order,  and  may  by  resolution  confer  upon  the  president  or  health  officer 
power  to  exercise,  in  the  absence  of  the  board,  the  authority  herein  given  to 
modify  any  order  or  temporarily  suspend  its  execution. 

Abatement  of  Dangerous  Conditions: 

Sec.  17.  The  board  may  order  or  cause  any  excavation,  erection,  vehicle, 
vessel,  water  craft,  room,  building,  place,  sewer,  pipe,  passage,  premises, 
ground,  matter  or  thing  in  the  city  or  adjacent  waters,  regarded  by  the  board 
as  in  a  condition  dangerous  or  detrimental  to  life  or  health,  to  be  purified, 
cleaned,  disinfected,  altered  or  improved.  The  board  may  also  order  any  sub- 
stance, matter  or  thing  regarded  by  the  board  as  dangerous  or  detrimental  to 
life  or  health,  being  or  let  in  any  street,  alley,  water,  excavation,  building, 
erection,  place  or  grounds,  whether  the  place  where  the  same  may  be  shall 
be  public  or  private,  to  be  speedily  removed  to  some  proper  place;  and  may 
designate  or  provide  a  place  to  which  the  same  shall  be  removed,  when  no 
such  adequate  or  proper  place,  in  the  judgment  of  the  board,  shall  have  been 
already  provided.  If  the  order  shall  not  be  complied  with,  or  so  far  complied 
with  as  the  board  may  deem  reasonable,  within  five  days  after  service  or 
attempted  service,  or  within  any  shorter  time  which  in  case  of  a  pestilence  the 
board  may  have  designated,  or  is  not  thereafter  speedily  and  fully  executed, 
then  any  such  order  may  be  executed  in  like  manner  as  any  order  of  the  board. 

Publication  of  Orders  and  Resolutions: 

Sec.  18.  The  board  shall,  from  time  to  time,  publish  in  the  official  news- 
paper all  general  orders  and  resolutions  of  the  board  in  such  manner  as  to 
secure  early  and  full  publicity  thereto. 


144  CITY  CHARTER— CHAPTER  XIV. 

Special  Orders  and  Regulations : 

Sec.  19.  The  board  may,  without  publication  thereof,  make  such  orders 
and  regulations  in  special  or  individual  cases,  not  of  general  application,  as  it 
may  see  fit,  concerning  all  matters  within  its  jurisdiction,  and  may  serve 
copies  thereof  upon  any  occupant  or  occupants  of  any  premises,  whereon  any 
such  nuisances,  or  other  matters  within  its  jurisdiction  shall  exist,  or  post  the 
same  in  some  conspicuous  place  on  such  premises.  Every  person  who  shall 
wilfully  violate  or  refuse  to  obey  any  order  so  made  and  served,  or  posted, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  punished  by  fine 
or  imprisonment,  or  both,  in  the  discretion  of  the  court;  but  no  fine  shall 
exceed  one  thousand  dollars,  and  no  imprisonment  shall  exceed  one  hundred 
and  ninety  days. 

Procedure  in  Cases  of  Non-Compliance: 

Sec.  20.  In  any  case  of  non-compliance  with  any  order  or  regulation  which 
shall  have  been  duly  served  or  posted,  the  board,  or  its  authorized  agents,  may 
enter  upon  any  premises  to  which  the  order  or  regulation  relates,  do  what 
the  order  or  regulation  requires  to  be  done,  and  suppress  or  remove  any  other 
nuisance  or  matters  within  its  jurisdiction  found  there  existing  and  requiring 
to  be  suppressed  or  removed.  The  expense  thereof  shall  be  a  charge  upon 
the  occupant  or  any  or  all  of  the  occupants  of  the  premises,  and  may  be  sued 
for  and  recovered  with  costs  under  the  direction  of  the  board,  in  the  name 
of  the  city,  in  any  court  having  jurisdiction.  The  same  shall  also  be  a  charge 
against  the  owner  or  owners  of  the  premises,  which  the  Common  Council  on 
certificate  of  the  board  as  to  the  amount  of  the  expenses  incurred  and  the  pur- 
poses for  which  the  same  were  incurred,  may  cause  to  be  assessed  against 
the  premises  and  the  owner  or  owners  thereof.  This  assessment  shall  be 
collected  in  the  same  manner  and  by  the  same  proceeding  as  special  assess- 
ments are  levied  and  collected  for  the  construction  of  sidewalks.  Whenever 
any  occupant  or  lessee  of  the  premises  shall  have  paid  the  expense  incurred, 
he  may  recover  from  any  other  person  having  an  interest  in  such  premises 
such  proportion  of  the  expense  as  the  court  shall  adjudge  should  justly  and 
equitably  be  borne  by  the  defendant,  and  he  may  deduct  and  retain  from  any 
rent  payable  to  the  defendant  the  amount  so  recoverable  as  an  offset  thereto. 

Duties  of  County  Coroners: 

Sec.  21.  The  board  may,  from  time  to  time,  fix  and  define  the  time  of 
making  and  the  form  of  returns  and  reports,  to  be  made  to  it  by  the  Coroners 
of  the  county  of  Wayne,  in  all  cases  of  post  mortem  inquests  or  viewing  of 
dead  bodies  held  by  them  or  any  of  them  in  the  city,  every  Coroner  shall,  at 
once  and  before  holding  an  inquest,  upon  being  called  upon  to  hold  an  inquest 
or  notified  thereof,  immediately  transmit  and  cause  to  be  delivered  to  the 
secretary  of  the  board  written  notice  of  the  fact  of  the  call  for  holding  an  in- 
quest, in  which  shall  be  stated  every  particular  then  known  to  the  Coroner 
as  to  the  call,  the  body,  the  place  where  it  is,  and  the  reported  cause  of  death. 
If  at  any  time  the  board,  or  the  health  officer,  shall  deem  the  protection  of 
the  public  health  to  demand  it,  it  or  he  may,  as  soon  as  the  Coroner's  jury 
shall  have  viewed  the  dead  body,  and  an  autopsy  thereof,  when  deemed  neces- 
sary by  the  Coroner,  shall  have  been  made,  order  the  immediate  burial  of  any 
dead  body,  or,  if  the  health  officer  or  the  board  shall  deem  that  the  public 
health  demands  an  immediate  removal  of  the  body  from  the  place  of  death 


CITY  CHARTER— CHAPTER  XIV.  145 

to  another  place  for  inquest,  may  likewise  at  any  time  order  the  immediate 
removal  and  cause  the  order  to  be  obeyed  and  executed. 

Burial  and  Removal  Permits: 

Sec.  22.  The  board  may  designate  the  person  who  shall  grant  permits  for 
the  burial  of  the  dead;  may  prescribe  sanitary  regulations  for  such  burial; 
and  may,  by  its  regulation,  provide  that  no  burial  shall  be  made  until  a  cer- 
tificate of  the  death  and  its  causes,  if  known,  shall  have  been  made  and  pre- 
sented, as  required  by  the  regulations,  and  until  thereupon  a  permit  for  burial 
shall  have  been  given  by  the  board  or  its  designated  agent.  The  board  shall 
grant  a  permit  for  the  removal  from  the  city  of  the  unburied  body  of  any  de- 
ceased person  upon  receiving  a  certificate  of  death  made  in  accordance  with 
its  rules.  It  may  also  grant  to  a  licensed  undertaker  a  permit  for  the  re- 
moval of  the  remains  of  any  person  interred  within  the  city  to  a  place  without 
the  same,  on  the  application  of  a  relative  or  friend  of  such  person,  when  there 
shall  appear  to  be  no  just  objection  thereto. 

Reports  of  Dispensaries,  Hospitals,  Etc. : 

Sec.  23.  The  board  shall  require,  from  all  public  dispensaries,  hospitals, 
asylums,  infirmaries,  prisons  and  schools,  and  from  the  managers,  principals 
and  officers  thereof,  from  all  other  public  institutions,  their  officers  and  mana- 
gers, and  from  the  proprietors,  managers,  lessees,  and  occupants  of  all  thea- 
ters and  other  places  of  public  resort  and  amusement  in  the  city,  reports  and 
information  at  such  times,  of  such  facts  and  generally  of  such  nature  and 
extent,  relating  to  the  safety  of  life  and  promotion  of  health,  as  its  by-laws  or 
rules  may  provide.  The  reports  and  information  shall  be  required  only  con- 
cerning matters  or  particulars  in  respect  of  which  it  may,  in  its  opinion,  need 
information  for  the  better  discharge  of  its  duties.  The  officers,  institutions, 
and  persons,  so  called  on,  or  referred  to,  shall  promptly  give  such  information 
and  make  such  reports,  orally  or  in  writing,  as  the  board  may  require. 

Information  to  Other  Cities,  Etc.: 

Sec.  24.  The  board  shall  promptly  cause  all  proper  information  in  its  pos- 
session to  be  sent  to  the  local  authorities  of  any  city,  village  or  town  in  the 
state  which  may  request  the  same,  and  shall  add  thereto  such  useful  sugges- 
tions as  its  experience  may  supply. 

Power  to  Issue  Warrants : 

Sec.  25.  The  board  may  issue  warrants  to  the  superintendent  of  police, 
the  sheriff  of  the  county  of  Wayne,  or  to  any  constable  to  apprehend  and  re- 
move such  persons,  as  cannot  otherwise  be  subjected  to  its  orders  and  regula- 
tions. The  board  may  also,  whenever  it  shall  be  necessary  to  do  so,  issue 
its  warrant  to  the  sherifT,  the  superintendent  of  police  and  the  constables  to 
bring  to  its  aid  the  necessary  assistance.  The  sheriff,  superintendent  of  po- 
lice and  constables  shall  forthwith  execute  all  such  warrants  directed  to 
them,  and,  in  the  execution  thereof,  shall  possess  the  like  powers  and  be  sub- 
ject to  the  like  duties  as  if  the  same  had  been  duly  issued  out  of  any  court  of 
record  in  the  state. 

Reports  of  Sanitary  Inspections: 

Sec.  26.  The  Health  Commissioners,  health  officer,  sanitary  inspectors, 
and   other  authorized   agents  of  the   board  may,  without   fee   or   hindrance. 


146  CITY  CHARTER— CHAPTER  XIV. 

enter,  examine  and  survey  all  grounds,  erections,  vehicles,  structures,  apart- 
ments, buildings  and  places  in  the  city,  including  vessels  of  all  kinds  in  the 
waters,  and  all  cellars,  sewers,  passages  and  excavations  of  every  sort,  in- 
spect the  safety  and  sanitary  condition  thereof,  and  make  plans,  drawings  and 
descriptions  thereof,  according  to  the  orders  or  regulations  of  the  board. 
The  board  may  make  and  publish  a  report  of  so  much  of  the  sanitary  condi- 
tion and  the  result  of  the  inspection  of  any  place,  matter  or  thing  so  inspected, 
or  as  herein  otherwise  provided,  as  in  its  opinion  may,  when  published,  be 
useful. 

Recovery  of  Damages  Against  Board: 

Sec.  27.  No  Health  Commissioner,  employee  of  the  board  or  other  person 
shall  be  sued  or  held  to  liability  for  any  act  done  or  omitted  by  him,  in  good 
faith  and  with  ordinary  discretion,  on  behalf  of  or  under  the  board,  or  pur- 
suant to  its  regulations,  ordinances  or  the  health  laws.  But  any  person  whose 
property  may  have  been  unjustly  or  illegally  destroyed  or  injured,  pursuant 
to  any  order,  regulation  or  ordinance,  or  action  of  the  board  or  its  agents, 
for  which  no  personal  liability  may  exist,  as  herein  provided,  may  maintain 
a  proper  action  against  the  city  for  the  recovery  of  the  proper  compensation 
or  damage  to  be  paid  by  and  from  the  funds  of  the  board.  Every  such  suit 
shall  be  brought  within  one  year  after  the  cause  of  action  shall  have  arisen, 
and  the  recovery  shall  be  limited  to  the  damages  sufifered. 

Injunction  of  Threatened  Nuisance,  Etc.: 

Sec.  28.  Any  court  of  equity  having  jurisdiction  of  the  parties  or  of  any 
lands  or  other  property  mentioned  in  the  bill  of  complaint  may,  at  the  suit 
of  the  city,  by  an  injunction  or  other  proper  process,  prevent  any  threatened 
nuisance,  source  of  filth  or  cause  of  sickness,  and  remove,  arrest  or  abate  the 
same.  The  Department  of  Law,  when  requested  by  the  board,  shall  bring 
such  suit.  The  complainant  shall  not  be  required  to  make  or  file  any  bond 
or  other  undertaking  as  a  condition  of  granting  or  continuing  any  injunction 
therein,  but  there  shall  be  the  same  right  to  sue  and  recover  against  the  city 
the  same  damages,  when  the  right  is  so  reserved  to  the  defendant  in  the  order 
granting  or  continuing  an  injunction,  as  the  party  would  have  had,  had  an 
undertaking  or  bond  been  executed  conditioned  for  the  payment  of  such  dam- 
ages as  a  condition  for  granting  or  continuing  the  writ. 

Birth  and  Death  Certificates : 

Sec.  29.  In  case  of  the  death  of  any  person  in  the  city,  the  physician  who 
shall  have  had  charge  of  or  been  in  attendance  upon  the  person  at  the  time 
of  death,  and  every  coroner  holding  an  inquest,  shall  within  twenty-four 
hours  file  with  the  board  a  certificate  stating,  to  the  best  of  his  knowledge, 
information  and  belief,  the  name,  age,  sex,  nativity,  occupation  or  profession 
of  the  deceased,  the  date  and  manner  of  his  death  and  the  name  of  the  disease. 
The  physician  or  other  person  attending  at  the  birth  of  any  child  shall  file 
with  the  board  a  statement  or  certificate  of  the  birth  of  the  child,  its  sex,  place 
of  birth,  the  names  and  color  of  its  parents,  and  such  other  particulars  as 
may  be  required  by  law  or  any  ordinance.  The  board  shall  keep  a  record  of 
all  matters  thus  certified  to  it. 

Regulations  Concerning  Slaughtering : 

Sec.  30.  No  person  or  persons  shall  slaughter  any  cattle,  sheep,  calves  or 
hogs   in  the  city,  except  and  only  in  abattoirs  or  slaughter-houses  located. 


CITY    CHARTER— CHAPTER    XIV.  147 

constructed,  operated  and  contlucted  as  herein  provided.  Every  abattoir  or 
slaughter-house  shall  be  provided  with  a  water-tight  floor,  and  with  proper 
catch  basins  of  sufficient  capacity,  into  which  all  the  wash  of  the  house  shall 
be  conducted  and  pass  through  the  compartments  or  sjiaces  formed  therein 
by  different  partitions,  in  such  a  way  as  to  hold  back  and  retain  all  the  fats 
and  offal,  allowing  only  water  to  flow  into  the  sewers.  All  fats  shall  be  re- 
moved from  the  water,  and  all  otfal,  unless  dried  on  the  premises,  shall  be 
carted  away  in  vehicles  having  water-tight  and  properly  covered  boxes.  No 
J)lood,  bristles,  hair,  entrails,  or  any  offal  whatever  shall  be  allowed  to  enter 
any  public  sewer.  Within  six  hours  after  slaughtering,  all  entrails  shall  be 
emptied,  all  blood  cooked  and  all  offal  cleaned  up  at  the  place  of  slaughtering. 
All  gases,  including  steam  from  rendering  or  cooking  tanks,  or  from  drying 
or  cleaning  rooms,  shall  be  conducted  immediately  to  a  reservoir  of  sufficient 
capacity,  filled  with  cold  water,  and  there  condensed.  After  each  day's  work 
the  water  from  this  reservoir  shall  be  pumped  or  syphoned  into  the  sewer. 
But  the  gases  may  be  conducted  into  and  passed  through  the  fires  under  the 
boiler  and  consumed.  All  slaughtering  of  animals  shall  be  conducted  with- 
out exposure,  to  the  public,  and  the  slaughter-houses  or  abattoirs  shall  be 
thoroughly  washed  out  after  the  work  of  killing  each  day. 

Inspection  of  Slaughter-Houses: 

Sec.  31.  The  board  shall,  from  time  to  time,  cause  to  be  inspected  all 
slaughter-houses  or  abattoirs  in  the  city.  The  health  officer  or  any  authorized 
agent  of  the  board  may  at  all  times  without  restriction  enter  and  inspect  any 
abattoir  or  slaughter-house,  together  with  its  appliances,  method  of  conduct- 
ing the  work  of  slaughtering  animals  and  the  care  of  the  same,  and  the  dis- 
posal of  all  oft'al  and  refuse  resulting  from  the  business  in  question. 

Abatement  of  Slaughter-House  Nuisance : 

.^ec.  32.  Any  person  or  persons  who  shall  locate,  maintain  or  operate  any 
slaughter-house  or  abattoir  contrary  to  the  requirements  therefor  herein 
set  forth  shall  be  deemed  to  be  maintaining  a  public  nuisance.  On  the  com- 
plaint of  any  citizen  or  resident  freeholder,  the  board  shall  investigate  the 
matter  at  once,  and  if  it  shall  find  on  investigation  that  any  of  the  require- 
ments herein  set  forth  are  being  violated,  it  shall  institute  proceedings  to 
abate  or  remove  the  nuisance,  as  herein  provided.  Written  or  printed  notices, 
or  partly  written  and  partly  printed  notices,  shall  be  personally  served  upon 
or  sent  by  mail  to  the  owner,  owners,  agent  or  occupant  acting  for  the  own- 
er or  owners,  of  any  slaughter-house  or  abattoir  located,  maintained  or 
operated  contrary  to  the  requirements  herein  set  forth,  informing  the  owner, 
agent  or  occupant  that  his  slaughter-house  or  abattoir  is  a  public  nuisance, 
that  must  be  abated  or  removed  within  thirty  days  after  service  of  the  notice. 
.\  similar  notice  and  order  shall  be  posted  up  in  a  conspicuous  place  on  every 
building  in  which  such  nuisance  is  found  to  exist.  In  case  the  notice  and 
order  herein  prescribed  shall  not  be  obeyed  and  the  nuisance  shall  not  be 
abated  or  removed  within  the  time  specified  therein,  the  circuit  court  for  the 
county  of  Wayne  in  chancery  may,  on  application  of  the  board,  enjoin  the 
further  maintenance  and  operation  of  the  slaughter-house  or  al)attoir  con- 
trary to  the  requirements  herein  set  forth. 

Penalty  for  Misdemeanors: 

Sec.  33.  Any  person  or  persons  who  shall  knowingly  and  wilfully  violate 
any  ]3rovision  relating  to  slaughter-houses  or  abattoirs,  or  who  shall  neglect 


148  CITY  CHARTER— CHAPTER  XIV. 

to  perform  any  duty  required  of  him  in  relation  to  slaughter-houses  or  abat- 
toirs, shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars,  or  imprisonment  for  not 
more  than  ninety  days,  or  both,  in  the  discretion  of  the  court. 

Emergency  Appropriations : 

Sec.  34.  In  the  presence  of  a  great  and  eminent  peril  to  the  public  health, 
by  reason  of  impending  pestilence,  the  board  may  report  to  the  Common 
Council  that,  in  its  judgment,  the  security  of  the  public  health  requires  the 
expenditure  of  moneys  in  the  current  fiscal  year  in  excess  of  the  annuaf 
appropriation  for  the  purposes  of  the  board.  The  Common  Council  may  there- 
upon cause  to  be  placed  to  the  credit  of  the  board,  such  sum  of  money  as  may,, 
in  the  judgment  of  the  Common  Council,  be  required,  which  sum  may  be 
taken  from  the  contingent  fund,  or  raised  by  a  temporary  loan,  payable  within 
such  time  as  the  Common  Council  may  determine,  not  exceeding  three  years, 
and  not  exceeding  in  all  the  sum  of  one  hundred  thousand  dollars. 

II:   Department  of  Poor  Relief. 

Poor  Commission — Powers  and  Duties: 

Sec.  35.  The  Poor  Commission,  as  head  of  the  Department  of  Poor  Relief, 
shall  have  full  charge  and  control  of  all  poor  applying  for,  public  aid  in  the 
city;  shall  appoint  a  superintendent  of  the  poor;  shall  enforce  all  ordinances, 
regulations  and  resolutions  of  the  Common  Council  relative  to  the  city  poor 
and  the  funds  raised  for  this  relief;  may  receive  and  disburse  donations  for 
the  relief  of  the  poor;  may  act  in  conjunction  with  any  society  or  organiza- 
tion organized  for  charitable  purposes  in  the  city;  and  shall  have  such  other 
powers  as  are  herein  prescribed  or  may  be  necessary  for  the  proper  discharge 
of  its  duties. 

Distribution  of  Clothes,  Provisions,  Etc.: 

Sec.  36.  The  commission  may  purchase  clothing,  provisions,  fuel,  medi- 
cines and  supplies  for  distribution  among  the  poor;  but  no  money  shall  be 
paid  out  of  the  city  treasury  for  any  such  purchases  unless  and  until  the  Com- 
mon Council  shall  have  authorized  the  Controller  to  draw  his  warrant  there- 
for. It  may  issue  orders  to  the  poor  for  provisions,  clothing,  boots  and  shoes, 
fuel,  water  taxes,  and  transportation,  and  also  make  cash  disbursements,  all 
to  be  paid  out  of  the  poor  fund,  under  such  rules  and  regulations  as  the  Com- 
mon Council  may  prescribe. 

Care  of  Sick  and  Deceased  Poor : 

Sec.  37.  The  commission  may  contract  with  any  or  all  hospitals  and  asy- 
lums in  and  adjoining  the  city  for  the  care  of  sick  poor  and  such  others  as 
may  come  under  their  care  and  control,  or  may,  in  the  name  of  the  city, 
acquire,  own,  establish,  construct,  operate  and  control  municipal  hospitals, 
infirmaries  and  farm  colonies  within  or  without  the  city  limits  for  the  same.  It 
shall  also  have  charge  of  all  deceased  poor  who  may  be  public  charges  within 
the  city,  and  for  that  purpose  may  contract  with  superintendents  of  ceme- 
teries, and  employ  such  other  persons  as  they  may  deem  necessary  for  their 
proper  burial. 


CITY  CHARTER— CHAPTER  XIV.  149 

City  Physicians — Appointment  and  Duties : 

Sec.  38.  The  commission  shall  appoint  three  or  more  city  physicians,  who 
shall  be  resident  electors  of  the  city,  graduates  of  an  estalalished  medical 
school  or  college,  of  good  standing  in  their  profession,  and  have  been  in  prac- 
tice for  at  least  three  years.  They  shall  perform  such  duties  and  observe 
such  rules  and  regulations  in  the  care  and  treatment  of  the  sick  poor  as  the 
commission  may  make.  They  shall  also  perform  such  duties  and  receive 
such  compensation  as  the  Common  Council  may  prescribe,  at  a  rate  of  not 
less  than  $1,500  each  per  annum. 

Distribution  of  County  Relief: 

Sec.  39.  The  commission  shall  perform  the  duties  and  make  the  disburse- 
ments out  of  the  county  temporary  relief  fund  now  authorized  by  the  laws 
of  the  state  to  be  made  by  the  Aldermen  of  each  ward,  whose  term  of  office 
will  soonest  expire,  in  the  capacity  of  supervisor  of  his  respective  ward,  and 
the  commission  is  vested  with  all  the  powers  and  duties  of  the  Aldermen  as 
such  supervisors  relative  to  the  support  of  the  poor.  The  county  superin- 
tendents shall  grant  no  temporary  relief  in  the  city ;  but  all  such  relief  from 
the  county  temporary  relief  fund  shall  be  granted  by  the  commission  and 
the  commission  may  draw  its  warrants  on  the  cotinty  treasurer  therefor. 

Poor  Commissioners  County  Superintendents: 

Sec.  40.  The  Poor  Commissioners  shall  be  members  of  the  board  of  super- 
intendents of  the  poor  for  the  county  of  Wayne,  and  as  such  shall  have  all 
the  powers  and  perform  all  the  duties  required  of  county  superintendents  of 
the  poor. 

Ill:   Department  of  Recreation. 

Recreation  Commission — Powers  and  Duties: 

Sec.  41.  The  Recreation  Commission,  as  head  of  the  Department  of  Re- 
creation, shall  manage,  direct  and  care  for  whatever  provisions  are  made  by 
the  city  for  playgrounds,  playfields,  indoor  recreation  centers,  debating  clubs, 
gymnasitims  and  public  baths ;  shall  make  the  necessary  inspections  required 
by  the  ordinances  for  maintaining  a  wholesome  and  moral  quality  of  all  forms 
of  commercial  recreation  for  which  licenses  are  required ;  may  appoint  a  super- 
intendent of  recreation,  a  deputy  superintendent  and  such  other  directors 
and  caretakers  as  may  be  necessary  for  the  proper  conduct  of  an  adequate 
recreation  system  for  the  city ;  and  shall  have  such  other  powers  as  are  herein 
prescribed  or  may  be  necessary  for  the  proper  discharge  of  its  duties. 

Playgrounds  in  Parks  and  School  Grounds: 

Sec.  42.  The  commission  may  carry  on  playgrounds  and  indoor  recreation 
facilities  on  the  grounds  in  the  buildings  in  charge  of  the  Board  of  Education, 
and  shall  pay  for  the  necessary  supervision  and  caretaking  incident  to  such 
recreation  activities.  But  nothing  herein  shall  be  construed  to  abridge  the 
power  of  the  Board  of  Education  to  veto  the  use  of  any  of  its  grounds  or 
buildings  for  recreation  purposes.  It  may  also  issue  permits  for  the  use  of 
playfields  on  park  property,  and  supervise,  care  for  and  equip  playgrounds  and 
playfields  in  property  under  the  control  of  the  Commissioner  of  Parks  and 
Boulevards.  But  nothing  herein  shall  be  construed  to  abridge  the  right  of 
the  Commissioner  of  Parks  and  Boulevards  to  regulate  the  scenic  develop- 
ment and  landscaping  of  the  city's  park  areas. 


150  CITY   CHARTER— CHAPTER   XIV. 

Control  Over  Recreation  Licenses: 

Sec.  43.  The  commission  may  inspect  all  forms  of  commercial  recreation, 
such  as  theaters,  moving  picture  shows,  pool  and  billiard  halls,  bowling 
alleys  and  other  commercial  recreation  places  for  which  licenses  are  or  may 
hereafter  be  required  by  the  ordinances.  No  such  license  shall  be  issued 
except  on  the  written  recommendation  of  the  commission  that  the  recreation 
place  for  which  license  is  sought  is  furnishing  recreation  of  a  wholesome 
moral  quality.  But  nothing  herein  shall  be  construed  to  abridge  the  powers 
of  the  Department  of  Police  to  enforce  order  in  such  commercial  recreation 
places  or  to  abridge  the  powers  of  the  Departments  of  Public  Safety,  Public 
Lighting,  Health  and  Fire  Protection,  to  insure  the  safety  and  sanitary  condi- 
tions of  the  buildings  where  such  commercial  recreations  are  conducted. 

Financial  Maintenance: 

Sec.  44.'  The  Common  Council  shall  provide  the  necessary  funds  for  the 
establishment  and  extension  of  a  recreation  system  under  the  charge  and 
control  of  the  commission  through  the  use  of  facilities  already  owned  by  the 
city,  and  may  provide  additional  moneys  from  the  general  taxes  or  by  issu- 
ing bonds  for  the  acquirement  of  additional  property  or  for  the  erection  of 
necessary  buildings  for  the  further  extension  of  the  recreation  system  under 
the  charge  and  control  of  the  commission. 

IV:   Department  of  Labor  Welfare. 

Commissioner — Powers  and  Duties: 

Sec.  45.  The  Commissioner  of  Labor  Welfare,  as  head  of  the  Department 
of  Labor  Welfare,  shall  have  general  charge  and  supervision  of  labor  interests 
in  the  city;  shall  devote  his  whole  time  to  the  duties  of  his  office;  shall 
co-operate  with  and  give  assistance  to  the  state  department  of  labor  in  its 
supervision  of  labor  interests  in  the  city ;  and  shall  have  such  other  powers  as 
are  herein  prescribed  or  may  be  necessary  for  the  proper  discharge  of  his 
duties. 

Legal,  Arbitral  and  Other  Aid: 

Sec.  46.  The  commissioner,  with  the  assistance  of  an  attorney,  to  be 
assigned  to  the  department  by  the  Corporation  Counsel  and  to  be  known  as 
the  Attorney  of  Labor  Welfare,  and  other  employes  in  the  department,  shall, 
when  solicited,  give  advice  to  workingmen  and  workingwomen  in  matters 
relating  to  their  employment ;  shall  aid  in  adjusting  differences  between 
employer  and  employee ;  shall,  when  called  upon  by  both  interested  parties,  act 
as  arbitrator  to  assist  in  the  settling  of  a  strike  or  other  labor  disagreement; 
shall,  where  possible,  by  co-operation  with  employers,  regulate  the  supply 
and  demand  of  labor;  shall  assist  the  workman  in  securing  the  rights  given 
iiim  by  the  laws  of  the  state  and  the  ordinances  of  the  city  relating  to  labor; 
shall,  in  worthy  cases,  aid  in  the  collection  of  wages;  and  shall  render  such 
other  legal  services,  including  the  commencing,  the  prosecution  or  the  defense 
of  civil  suits,  when  the  workingman  applying  for  aid  shall  not  be  able 
to  hire  an  attorney  and,  in  the  opinion  of  the  commission,  shall  be  deserving 
of  aid. 

Investigation  of  Social  Vice: 

Sec.  47.  The  commission  may,  at  any  time,  investigate  labor  conditions 
affecting  the  question  of  social  vice  and  the  relation  of  immorality  to  wages 


CITY   CHARTER— CHAPTER   XIV.  151 

paid,  employment  and  housing  conditions.  To  aid  in  the  conduct  of  any  such 
investigation  he  may  appoint  one  or  more  residents  of  the  city,  who  shall  act 
\vit','3ut  pay.  The  Common  Council  may  grant  such  powers  to  the  commis- 
-■     ner  as  may  be  found  necessary  or  advisable  to  carry  on  such  investigation. 

Employment,  Loan  and  Other  Bureaus: 

Sec.  48.  When  so  authorized  by  the  Common  Council,  the  commissioner 
shall  conduct  a  municipal  free  employment  bureau,  a  municipal  loan  bureau, 
or  other  such  bureau  affecting  the  welfare  of  the  laboring  classes  as  may  be 
thought  advisable. 

Annual  Report: 

Sec.  49.  The  commissioner  shall  prepare  and  submit  to  the  Mayor  and 
Common  Council  an  annual  report  containing  a  review  of  the  work  done  by 
the  department  during  the  year,  together  with  such  recommendations  as  he 
may  deem  necessary. 


152  CITY  CHARTER— CHAPTER  XV. 

CHAPTER  XV. 
DEPARTMENT  OF  ARTS 

Commission — Powers  and  Duties: 

Sec.  1.  The  Arts  Commission,  as  head  of  the  Department  of  Arts,  may,  in 
the  name  of  the  city,  acquire,  own,  establish,  construct,  operate  and  control  an 
institute  of  arts,  to  be  known  as  the  Detroit  Institute  of  Arts;  may,  in  the 
name  of  the  city ;  acquire  and  hold  such  real  estate  as  may  be  necessary  or 
incidental  thereto ;  may,  in  the  name  of  the  city,  receive  and  use  for  the  pur- 
poses of  the  institute,  such  devises,  contributions,  gifts  and  bequests  as  may 
be  made  to  it  for  art  purposes ;  and  may,  in  the  name  of  the  city,  receive,  ac- 
quire, collect  and  own  paintings,  sculpture,  engravings,  drawings,  pictures, 
musical  instruments,  books  and  other  works  of  art.  The  commission  shall 
also  have  the  exclusive  control,  government,  management  and  direction  of  the 
several  buildings,  premises,  property  and  appurtenances  thereto  which  it  may 
at  any  time  acquire  for  the  purposes  of  the  institute:  shall  make,  amend  and 
enforce  such  rules  and  regulations  governing  the  institute  as  it  may  deem 
necessary;  and  it  shall  have  such  other  powers  as  are  herein  provided  or  may 
be  necessary  for  the  proper  discharge  of  its  duties. 

Admittance  to  Institute : 

Sec.  2.  Admittance  to  the  institute  shall  be  free  to  the  public  at  all  times, 
subject  to  such  reasonable  regulations  as  to  the  hours  and  days  as  the  com- 
mission may  establish;  Provided,  that  the  commission  may  fix  the  qualifica- 
tions necessary  for  admission  to  any  class  maintained  by  it  for  instruction  in 
any  of  the  arts. 

Property,  Funds,  Etc.: 

Sec.  3.  All  moneys  received  by  the  commission  from  whatever  source 
shall  be  paid  to  the  City  Treasurer  to  apply  exclusively  on  the  purposes  for 
which  such  moneys  shall  have  been  received.  All  gifts,  devises  or  bequests 
made  to  the  commission  shall  be  faithfully  used  for  the  purposes  for  which 
the  commission  is  established  and  for  which  they  shall  be  made. 

Annual  Report  and  Records : 

Sec.  4.  The  commission  shall  cause  to  be  kept  faithful  records  of  its  work 
and  books  of  account,  which  shall,  at  all  reasonable  times,  be  open  to  the 
inspection  of  any  Arts  Commissioner,  of  the  Mayor,  of  any  Alderman,  or  of 
any  other  city  employee  herein  empowered;  and  shall  annually  make  a  report 
to  the  Common  Council  of  the  progress  of  its  work  and  of  the  expenditure  of 
all  moneys  received. 

Time  of  Taking  Effect: 

Sec.  5.  No  provision  of  this  charter  relating  to  the  Department  of  Arts, 
the  Arts  Commission  or  the  Institute  of  Arts  shall  take  effect  until  the  Detroit 


CITY  CHARTER— CHAPTER  XV.  153 

Museum  of  Art  shall  declare  its  intention  to  transfer  all  its  powers,  prop- 
erty, privileges,  and  possessions  to  the  city  for  the  use  of  the  Department 
of  Arts  and  shall  make  application  to  the  Mayor  to  take  over  the  same  in  the 
name  of  the  city.  Upon  receiving  such  application,  the  Mayor  shall  appoint 
the  Arts  Commission,  as  herein  provided.  The  commission  shall,  within 
thirty  days  thereafter,  proceed,  in  the  name  of  the  city  and  with  the  appropri- 
ate legal  measures,  to  receive  the  powers,  property,  privileges  and  possessions 
of  the  Detroit  Museum  of  Art.  Thereupon,  when  such  legal  transfer  shall 
have  been  fully  made,  all  provisions  of  this  charter  shall  go  into  efifect. 


CHAPTER  XVI. 
REPEAL  OF  PRESENT  CHARTER 

Sec.  1.  Act  number  three  hundred  and  twenty-six  of  the  local  acts  of  the 
year  eighteen  hundred  and  eighty-three,  entitled  "An  Act  to  Provide  a  Charter 
for  the  City  of  Detroit,  and  to  repeal  all  Acts  and  Parts  of  Acts  in  conflict 
therewith,"  as  amended,  and  all  special  acts  relating  to  the  city  except  such 
as  no  city  may  alter,  amend  or  repeal,  in  conflict  with  any  provision  of  this 
charter,  are  hereby  repealed  and  declared  to  be  of  no  efi'ect.  All  special  acts 
or  parts  of  special  acts  not  in  conflict  with  the  provisions  of  this  charter,  all 
ordinances,  resolutions  and  other  proceedings  of  the  Common  Council,  not  in 
conflict  with  the  provisions  of  this  charter,  and  all  acts,  regulations  or  other 
proceedings  of  the  city  or  any  board,  commission  or  officer  thereof,  not  in 
conflict  with  the  provisions  of  this  charter,  entered  into,  done  or  adopted  in  ac- 
cordance with  law,  are  hereby  continued  in  full  force  and  effect  until  altered, 
amended  or  repealed  in  accordance  with  law. 


ERRATA 

Page  105,  Sec.  42,  Chapter  10 — The  words  "on  account  of  disability"  should 
be  stricken  out  of  the  4th  line.  In  the  same  line  after  the  word  "mission" 
should  be  inserted  the  following:  "and  the  commission  shall,  on  application  of 
the  member,  place  the  applicant." 

Page  38,  Sec.  47,  Chapter  3 — In  the  6th  to  the  last  line  the  word  "persons" 
should  be  "person." 

Page  136,  Sec.  16,  Chapter  13 — The   word  "public"  in  the  next  to  the  last  line 
should  be  "private".     The  word  "private"  in  the  last  line  should  be  "public". 


CITY   CHARTER— INDEX.  155 


INDEX 


AFFIDAVITS—                                        .                     .  ,  55 

Chairman   Common   Council   committees   may   take.. ^^ 

Circulator,  recall  petition,  affidavit  of .....  ■ 52 

Circulator,  referendum  petition,  affidavit   of.... j^^ 

Departmental  estimates  must  be  accompanied  by ^3 

Nominating  petition— form  of  affidavit 

ALDERMEN-  44 

.^ct   as   Count V   Supervisors 74 

Annual  bulget   (duties  in  connection) ^^ 

Duties    of    (see    Common    Council) _jj 

Election    of    •  ■  ■ .• ig 

May  be  removed  by  two-third  vote  of  Council ^^ 

Mav  be  Notaries  Public ■ cc 

Not  to  vote  on  questions  in  which  interested ^^ 

One  from   each  ward   to  be  elected ^g 

Oaths  may  be  administered  by ^g 

Penalty    for    corruption ^g 

Power  to   administer   oaths ^^ 

Recall  of  44 

Salary    of    Aldermen _^j 

Term   of    43 

Vacancy — how  filled 

ANNUAL   BUDGET—                           .                          ,....•    ,.^  74 

Board  of  Estimates  recommendations  on  annual  budget  not  printtrt /J* 

Board  of  Estimates  action  on  annual  budget  not  recorded. . I'u'r'l'  7I 

Bond  issue  mandatory  for  all  permanent  improvement  items  in  annual  budget.  /4 

Consideration  by   Common   Council •- _  . 

Consideration  of  annual  budget  by  Mayor '^'* 

Controller's  estimates  -, 

Correction  of  errors  in  budget ■ .• _, 

Date  annual  budget  must  be  transmitted  to  Council /o 

Date  annual  budget  must  be   transmitted  to   Mayor ^^ 

Date  annual  budget  takes   effect    '^ 

Departmental  estimates  in  budget .'J^ 

Determination   of  annual  budget 't 

Limit  of  money  raised  by  taxation  for  annual  budget 'J* 

Mayor  mav  decrease  or  disallow  items  in  annual  budget /^ 

Mavor  to  slate  reasons  for  action  on  annual  budget '^ 

No'item  to  be  considered  unless  transmitted  through  Controller /J 

Permanent  improvements  to  be  by  bond  issue 'J* 

Reconsideration  of  items  vetoed  by  Mayor _. .  ■ ^J 

Supplemental  estimates— time  limit  fixed  on  transmitting /J 

Sworn  statement  to  accompany  budget  from  each  department /J 

Two-thirds  vote  of  Council  to  restore  items  cut  out  by  Mayor /5 

APPOINTMENTS—                                  .  ,, 

Appointing  by  promotion  and  transfer. °J. 

.Appointing  procedure  under  civil  service "^ 

Assessors  by  Mayor .fj 

.\ttorney  of  Labor  Welfare ^^" 

City  Clerk  to  notify  officers  of  appointment ™ 

City   Electrician    ||^ 

City   Engineer i^j 

City  Engineer's  Assistant f-^ 

City    Physicians    q^ 

City   Scavengers    ^° 

City  Statistician  by  City  Clerk W 

Commissioner  of  Public  Safety  (comes  under  heading  Appointive  Officers)..  ..  44 

Commissioners  by  Mayor Tj 

Controller  by   Mayor ^^ 


156  CITY  CHARTER— INDEX. 

APPOINTMENTS— Cont. 

Controller  to  be  notified  by  Civil  Service  Commissioners  of  appointments..    ..  62 

Corporation  Counsel  by  Mayor 44 

Departmental  secretaries  57 

Deputies  by  heads  of  departments 57 

Engineer  to  make  estimate  of  cost  of  gas  plant 136 

Fire  department  officers 105 

Fire    Marshal     105 

Harbor   Master    96 

Health   Board  appointments  in  control  of  Health  Officer 138 

Health  Oflficer  138 

Heads  of  all  departments  by  Mayor 44 

Members  of  all  boards  and  commissions  by  Mayor  unless  otherwise  specified.  44 

Notice  of  appointments  to  Civil  Service  Commission 61 

Officers  created  by  Common  Council — Mayor  to  appoint 44 

Police   ofificers — appointment  by   Commissioner 95 

Police  Pension  Committee — by  Common  Council 98 

Recreation  Commission  (comes  under  heading  Appointive  Officers) 44 

Registrars   and    Inspectors — by    Common    Council 43 

Sealer  of  Weights  and  Measures •. 96 

Secretaries  of  departments 57 

Street    Railway    Department    appointments 126 

Superintendents  of  bureaus  appointed  under  competitive  examination 109 

Superintendent  of  Construction  of  public  buildings 121 

Superintendent    of    House   of    Correction 117 

Superintendent  of  Poor 148 

Superintendent   of   Recreation 149 

ARRESTS— 

Electors — removing  ballots  31 

Persons  refusing  to  assist  Inspectors  at  election 39 

Power 101 

ARTS,  DEPARTMENT  OF— 

Annual  appropriation  for 54 

Additional  buildings  by  bond  issue 54 

Arts    Commission    152 

Annual  records  of  Arts  Commission  to  be  kept 152 

Commission — powers  and  duties 152 

Detroit  Museum  of  Art  to  transfer  property  to  city 152 

Free    admission    to    Art    Institute 152 

Receipts  of  Arts  Commission  to  City  Treasurer 152 

ASPHALT  PLANT— 

Establishment  of,  etc 123 

ASSESSORS,  BOARD  OF— 

Act  as  County  Supervisors 44 

Appointment  44 

Assessors  may  demand  lists  of  property 76 

Date  must  complete   assessment  rolls 75 

Delivery  of  tax  rolls  to  Controller 76 

Hearing  of  complaints  by  Assessors  on  assessment  rolls 76 

Manner  of  describing  property  by  Assessors 75 

Notice  of  completion  of  rolls  given  by  Assessors 76 

Prepare  state  and  county  tax  rolls 79 

Shall  assess  all  property 75 

Transmitting  assessment  rolls  to  Council 76 

ASSESSMENT  OF  PROPERTY  FOR  TAXES— 

Annual  levy  for  city  budget 75 

Assessment  of  personal   property 76 

Assessment  rolls  for  county  and  state 79 

Assessments  for  opening  streets 77 

Assessors  may  demand  lists  of  property 76 

Board  of  Assessors  to  make  assessments 75 

Completion  of  assessment  rolls .* 76 

County  and  state  tax  rolls 79 

Hearing  of  complaints  on  assessments 76 

Local  assessments   77 

Lot  lying  in  two  wards — how  to  assess 75 

Paving  assessments   78 

Publication  of  notice  to  taxpayers '.  .  . .  76 

Review  and  confirmation  by  Common  Council 76 


CITY   CHARTER— INDEX. 


157 


78 
Sewer  assessments _„ 

Sidewalk  assessments   i.?. 

Special  assessment  rolls ^° 

Time  and  manner  of  assessment  of  taxes '■' 

BALLOTS—  ,. 

Ballot — non-partisan,  preferential  form ^° 

Counting  ballots ^^ 

Counting  of — by  Canvassing  Board ■^ 

Counting  by  City  Canvassers ^' 

Delivery  of   ballots 5° 

Depositing  ballot  in  ballot  box ^ 

Distribution  of  ballots Vs  90  ^fi 

Elector's  procedure  with  ballot "^'^^'^ 

Excess  ballots — method  of  disposing  of ^ 

Exhibition  or  removal  of  ballots ^^ 

False   ballots    j/ 

Form  of  when  four  or  more  candidates j^ 

Form  of  when  only  three  candidates 25 

Form  of  when  fewer  than  thr.ee  candidates o,  ?^ 

General  information  about   ballots   (see  Elections) » 21-40 

Instructions  for  printer 25 

Marking  ballot  for  disabled  electors.. 31 

Non-partisan  preferential   form    (see  insert) 26 

Opening  of  package  of  ballots • 28 

Procedure  when  elector  has  marked  more  than  one  first  and  second  choice...  34 

Propositions    on    25 

Requirements  of   25 

Returns  of  ballots  cast 35 

Sample  ballots   27 

Spoiled  ballots  32 

Supply  of  ballots 27 

Tallying  ballots  j4 

BELLE  ISLE  BRIDGE— 

Custody  of,  etc 124 

BOARD   OF   CITY  CANVASSERS— 

See  Canvassers,  Board  of 37 

BOARD   OF  ESTIMATES— 

Abolishment  of  Board  of  Estimates 74 

City  Clerk  to  have  no  duties  in  connection  with 74 

Date  of  first  session  in  1914 74 

Duties  of  board  in  1914 74 

Proceedings  of  board  not  to  be  recorded 74 

Sessions  of  board  to  be  called  by  Common  Council 74 

BOARD  OF  REGISTRATION— 

See  Registration    11-20 

BOILER  INSPECTION,  BUREAU  OF— 

Boiler   inspection — superintendent   of 112 

Investigates  accidents,  defects,  etc 112 

Issues   permits   for  alterations,  etc Ill 

Issues  permits  for  installation Ill 

Powers  and  duties 111-112 

BOOTHS,    ELECTION— 

See  Elections   21-40 

BONDS— 

Alley  paving  bonds 90 

Annexed  territory  water  bonds  assumed  by  Water  Commissioners 90 

Council  may  borrow  money  on  appropriations  not  yet  available 90 

Emergency  bonds    89 

Faith  and  credit  of  city  pledged  on  all  bonds 91 

Lateral  sewer  bonds 90 

Local  improvement  bonds 90 

Payment  of  interest  on  bonds 89 

Permanent  improvements  to  be  by  bond  issue 87 

Public  calamity — money  may  be  borrowed  in  case  of 90 

Registered  bonds   89 

Requirements  of  bonds 87 

Sale  of  bonds 88 

Street  paving  bonds 90 

Unauthorized  bonds  void 90 


158  CITY   CHARTER— INDEX. 

BOULEVARDS— 

Acquisition   of  lands J^^ 

Plat 124  , 

BOUNDARIES— 

City ,1-2 

Wards 2-10 

BRIBERY— 

Aldermanic   •  '*° 

Appointments    or    promotion    not    to    be  influenced 63 

Bribery  and   illegal   voting 40 

Police  Department — gifts,  fees,  etc lOO 

BRICK  PLANTS— 

Establishment  of 123 

BRIDGES— 

City  Plan  and  Improvement  Commission  to  approve  location 125 

Belle   Isle   Bridge 124 

BUILDING  INSPECTION,  BUREAU  OF— 

Bureau  of  Department  of  Public  Safety ,J09 

Certificate  of  occupancy  of  buildings 113 

Dangerous    buildings    113 

Electrical   inspection,    etc 109 

Inspection  of  buildings 113 

Inspection  of  certified  buildings 113 

Inspection  of  buildings — expense  assessed  against   property 114 

Plumbing  inspection 114 

Permits   for  construction,   alteration,   etc.,  of  buildings 112 

Superintendent  of  Bureau — qualifications  of 112 

Superintendent — duties    of 109 

Violation  of  Building  Code   (Sec.  74) 113 

BUREAUS— 

Boiler   Inspection   Ill 

Building  Inspection   112 

City   Engineering    121 

Electrical  Inspection 109 

Employment  Bureau  authorized 151 

Loan   Bureau  authorized 151 

Plumbing   Inspection    114 

Records  and  reports  of  bureaus 115 

Signal  Service   115 

CANDIDATES— 

Death — in  case  of,  name  not  printed 24 

Disqualified  for   misdemeanors 40 

List,    certified    24 

Nominated  by  petition 22 

Order  on  ballots  (see  Ballots) 

Withdravifal  24 

CHALLENGE  OF  ELECTORS— 

Challengers — accommodation   of  in   booth ; 21 

Oath   of  challenge - '. 30 

Procedure 29 

Women  electors    31 

CITY  CANVASSERS,  BOARD  OF— 

Chairman  37 

Clerks   37 

Compensation   37-44-45 

Special  election  returns 40 

CITY  CLERK— 

Acceptance  of  candidacy   filed   with   City   Clerk 24 

Acts  as  County  Supervisor 44 

Ballot  boxes,  etc.,  deliver  to  police 28 

Ballot  boxes  provided  by  City  Clerk 27 

Ballots  for  city  elections — printed  by  City  Clerk 25 

Ballots — samples  printed  by  City  Clerk 27 

Bonds  of  ofiicers  filed  with  City  Clerk 47 

Certify    lists    of    elections    when    requested 18 

Office  open  until  all  election  returns  received 37 

City    Clerk — when    elected 41 

City  Statistician  appointed  by  City  Clerk 69 


CITY   CHARTER— INDEX.  159 

CITY  CLERK— Cont.  ._ 

Clerk  of  .  Common    Council ^ 

Clerk  of  Council   committees ^^ 

Common  Council— City   Clerk  to  preside  at   first  meeting 49 

Custodian   of  registration   books J^ 

Department  of  Records— in  charge  of   City  Clerk 50 

Deputy  City  Clerk — duties  of ^' 

Duties  of  City  Clerk  with  Board  of  Estimates  abrogated 74 

Election  laws  printed  by  City  Clerk 40 

Election  notice  published  by  City   Clerk iz:  17 

Election  paraphernalia  delivered  to  City  Clerk « 

Election  returns — delivered  to  City  Clerk 35 

Error   in  returns— City  Clerk  to  produce  his  copy 37 

General  powers  and  duties  of  City  Clerk 69 

Give  notice  of  registration _. • 12 

Initiative  and  referendum   elections — duties  of  City   Clerk 54 

Initiative  petition — filed  with  City  Clerk. 53 

Licenses  revoked— City   Clerk  to   notify  licensee 47 

Mayor  to  notify  City  Clerk  of  licenses  revoked 47 

Member  Board  of  City  Canvassers ■  ■  ■  37 

Member  Election  Commission 22 

Nominations  to  be  certified  by  City  Clerk 24 

Notify   candidate    regarding   petition 24 

Oaths  may  be  administered  by  City  Clerk 48 

Oaths  of   oflfice   filed  in  office  of  City   Clerk 46 

Officers  elected  or  appointed  notified  by  City  Clerk 46 

Ordinances  presented  to  Mayor  by  City  Clerk 51 

Pension  warrants  drawn  by  City   Clerk 98 

Petitions  for  election  filed  with   City  Clerk 23 

Petitions  for  elections  furnished  by  City  Clerk 22 

Petitions  for  nomination — time  of  filing  with  Citv  Clerk 23 

Petitions — size  of  determined  by  City  Clerk 22 

Petitions  to  be  preserved  by  City  Clerk 24 

Police  pensions  in  charge  of  City  Clerk 98 

Power    to     administer    oaths 48 

Printed  journal — kept  by  City  Clerk 51 

Prepare   registration   book _•  ■  ■  •  12-16 

Public  Safety  Commissioner  to  file  statement  with  City  Clerk  of  his  experience 

and  training  109 

Recall  petitions  filed  with  City  Clerk 42 

Referendum  petitions  filed  with  City  Clerk _. 53 

Registration  conducted  by  City  Clerk  for  certain  special  elections 16 

Registration  notice  printed  by  City  Clerk 19 

Salary  of  City   Clerk.... 44 

Street  Railway  Commissioners  file  oath  of  oflfice 126 

Street  Railwav   Secretary  and  General  Manager  file  oath 126 

Term   of  City"  Clerk ....'....... 41 

Transfer  names  from   registration  books , 11 

Vacancy  in  office  to  be  filled  by  deputy 43 

Water   Commission   report   recorded  by   City   Clerk 133 

Withdrawal  of  candidacy  filed  with  City  Clerk 24 

CITY  ENGINEER— 

Assistant   City  Engineer 121 

Bureau  of   Engineering 121 

No  department  to  employ  engineer  without  consent  of 121 

Qualifications  of  City  Engineer 121 

Special  assessment  rolls  to  be  prepared  by 78 

CITY  PLAN  AND  IMPROVEMENT,  DEPARTMENT  OF— 

City    Plan   and    Improvement    Commission 125 

Control  of  art  by  City  Plan  and  Improvement  Commission 125 

Must  approve  property  for  parks  and  playgrounds 125 

Powers  and  duties  City  Plan  and  Improvement  Commission 125 

Public   buildings,   bridges,   etc. — plans   to   be   prepared   by   City   Plan   and   Im- 
provement    Commission     125 

CITY  STATISTICIAN— 

.Annual  report    69 

Prescribe  forms  of  departmental  reports 69 

Qualifications 69 


160  CITY   CHARTER— INDEX. 

CITY  TREASURER— 

Acts  as   Supervisor 44 

City   Canvasser    46 

Compensation 44 

Election   41 

Head  Tax  Collection  Department 56 

Inability  43 

Member   Election   Commission 22 

Notice  of  auction  sale  for  unpaid  taxes 82 

Notice  of  tax  sales 82 

Notice  of  taxes  due 80 

Powers  and  duties 79 

Prepares   sales   books 82 

Receives  all  fees 47 

Re-issues  certificate  of  sale 83 

Sale  for  unpaid  taxes 81 

Sales  to  be  reported  to  Common  Council 83 

Sells  city  bids 85 

Shall  accept  taxes  on  lists  up  to  August  10  without  penalty 80 

Shall  add  6  per  cent  January  1  on  unpaid  taxes 81 

Shall  furnish  certificates  that  taxes  have  been  paid 81 

Shall  make  list  on  February  1  of  unpaid  taxes 82 

Sinking    Fund    Commissioner 71 

Term  of  office 41 

Vacancy  43 

Water  rates  paid  by  City  Treasurer 132 

CIVIL  SERVICE— 

Applicants  not  to  be  asked  concerning  opinions  and  affiliations 62 

Appointments — how  made  under  civil  service 60 

Chief   examiner  of   Civil   Service   Commission 58 

Civil    Service    Commission — how    constituted 58 

Classified  service   59 

Classified   service — how   constituted 65 

Commission  to  investigate  enforcement  of  civil  service 62 

Controller  to  be  notified  of  appointments  under  civil  service 61 

Common   laborers — how  affected  by   civil   service 61 

Eight-hour    service    day 64 

Eligible  list  of  applicants 60 

Employes  who  are  under  civil  service 59 

Employment    of    labor    by    contractors 65 

Examinations   under   civil   service 59 

Excess  compensation  for  emergency   service 65 

Mayor  may  remove   commissioners 58 

Minimum   wage   under  civil   service 65 

Notice  of  examinations  under  civil  service 59 

Officials  and  employes  not  affected  by  civil  service 58 

Payment  for  appointment  or  promotion  prohibited 63 

Penalty   for  violation  of  civil   service 64 

Political  contributions  not  to  be  solicited 63 

Promotions    and    transfers   under    civil    service 61 

Prosecutions  under  civil  service — by  whom  made 64 

Removal  from  office  for  violation  of  civil  service 64 

Removals  under  civil  service — for  what  cause 61 

Rules   of  Civil  Service   Commission 59 

.    Statement  by  applicant  for  civil  service  examination 60 

Suspension  of  competition  in  certain  cases 60 

Terms   of   Civil   Service   Commissioners 58 

Unclassified    service    _.  .  • 58 

Vacancy  in  Civil  Service  Commission — how  filled 58 

Witnesses — penalty  for  perjury 63 

Witnesses  at  investigations 63 

CLAIMS    AGAINST   STREET    RAILWAY   SYSTEM— 

(See   Street   Railway   Commission) 130 

COMMISSIONS— 
(See  Departments^ 


CITY   CHARTER— INDEX.  161 

COMMON  COUNCIL— 

Additional  powers  may  be  given  officers  by  Council 48 

Aldermanic  corruption — penalty  for 48 

Aldermanic  seats  declared  vacant  by  Council  in  certain  cases 48 

Aldermen  can  hold  no  other  public  office  except  Notary 48 

Annual   budget — consideration  by   Council 73-74 

Annual  budget — two-thirds  vote  of  Council  to  pass  any  item  over  Mayor's  veto  74 

Appointments  by  Mayor  transmitted  to  Council 46 

Assessment   rolls — review   and   confirmation   by   Council 76 

Ayes  and  nays  upon  demand  of  one-fourth  of  members  present 49 

Bonds  and   loans 87 

Bonds — date  of  maturity   fixed  by   Common   Council i 87 

Bonds,    emergency — Council   may   authorize 89 

Bonds,    local    improvement — Council    rnay    issue 90 

Bonds  not  filed — Council  may  declare  offices  vacant • 47 

Bonds — sale  of  authorized  by  Common  Council 88 

Bonds  to  be  approved  by  Common  Council 47 

Borrow   money — Council   may   to   meet   deficiency 70 

Bureaus  of  Department  of  Public  Safety  may  be  created  by  Common  Council.  109 

Bureaus  of  Investigation  may  be  created  by  Council 50 

^    Charges  of  public  service  corporations  may  be  regulated  by  Council SO 

City   Clerk  administers   oath    to   Council 49 

City  Clerk  clerk  of  Council , 49 

-     City  contracts — Council   shall  remove  officers  interested  in 46 

City  Physicians — Council  shall  prescribe  duties  and  salary 149 

Civil    service — two-thirds   vote    of    Council    necessary    to    suspend    competitive 

examination    60-61 

Committee  on  negotiation  of  loans — chairman  of  ways  and   means   committee  91 

Compensation  for  appointive  officers  fixed  by  Council 45 

Compensation   for  employes  fixed  by   Council 58 

Compensation  Election  Commission  and   Board  of  City  Canvassers 44-45 

Competitive  bids — suspension  of  by  two-thirds  vote  of  Council 92 

Composition   of    Common    Council 49 

Controller's    accounts    approved    by 91 

Control  of  finances  and  property  of  city  in  hands  of  Common  Council 54 

Council    committees — powers    of 55 

Creosoted  block,  brick  and  asphalt  plants — Council  may  require  Commissioner 

of  Public  Works  to  establish 123 

Deficiency  fund — Council  may  direct   Controller  to  use  for  other  funds 72 

Department  Public  Works — Council  approve  rules  and  regulations 120 

Departments  may  be  established  by  ordinance 56 

Detroit  Museum  of  Art — appropriation  mandatory 54 

Eight-hour   service   day — Council   may   require    of   any   corporation   or   person 

using   streets,   etc.,   for   public   utility   purposes 54 

Election  booths  provided  by  Common   Council 11 

Election   districts   divided — Council   assigns   Registrars  and   Inspectors 11 

Election   districts    fixed    by   ordinance 11 

Election  districts  to  be  divided  when   over  500  electors 11 

Emergency  appropriations  for  public  health 148 

Employment,  loan  and  other  bureaus — Council  may  order  established 151 

Entertainments — limit  of  appropriation  for 94 

Ex-officio  members  of  Common  Council 49 

Expel  or  remove  any  Alderman  by  two-thirds  vote 49 

Failure  of  Council  to  enact  laws  petitioned  for — Clerk  shall  submit  to  electors. 53-54 
Forty-eight  hour  service  week — Council  may  require  of  any  corporation  or  per- 
son using  streets,  etc.,  for  public  utility  purposes 54 

Funds — Council  may  direct  payment  of  money  into 72 

Funds — Council  shall  appropriate  moneys   for 70 

Funds,  surplus  in — Council   by  two-thirds  vote  may   direct  use   of 73 

Gas   plant — Council    shall   submit   ordinance    to   electors 136 

Gas  plant — Council  to  appropriate  for  preliminary  expenses 136 

General  plan  of  streets  and  alleys — approval  by  Common  Council 121 

General   powers   of  Council 50 

Initiative   and   referendum   elections 53 

Journal  of  Council  proceedings  to  be  printed 51 

Judge  of  qualifications,  etc.,  of  its  own  members 49 

Land  Board  of  City  of  Detroit  constituted  in  Common  Council 55 

Lateral  sewer  assessments — Council  shall  fix  assessment  districts 77-78 

Legislative    power   vested    in    Council 49 

Limit  of  authority  of  Council  to  create  liability 92 


162  CITY   CHARTER— INDEX. 


COMMON  COUNCIL— (Cont'd) 


Loans  on  appropriations  not  yet  available — Council  may  make 90 

Local   assessments — Council  shall  tix  assessment  districts,  etc 77-78 

Mayor  shall  report  removal  of  Civil  Service  Commissioners 58 

Mayor  shall  transmit  annual  message  to   Council 49 

Members  of  Council  a'nd  other  city  officials  not  to  be  surety  on  contracts 93 

Members  of  Council — when  elected  and  term  of  office 41 

Office  for  Mayor  to  be  provided  by  Council 47 

Ordinances — Council  may  refer  any  ordinances  to  electors  for  approval 52 

Ordinances — Council   shall   have   power    to   enforce 50 

Ordinances — Council  shall   refer  to  electors 52 

Ordinances — Council  shall   refer  to  electors  upon  petition 52 

Ordinances  may  be  repealed  or  amended  notwithstanding  approval  of  electors     52 

Ordinances  of  Common  Council  to  be  published  three  successive  times 52 

Ordinances — petition    of    electors    against    shall    suspend    taking    effect    until 

adopted     by     electors 52 

Ordinances — requirements   of,   etc 51 

Ordinances — resolutions  for  amendments  may  be  initiated  by  any  elector  sub- 
mitting 5   per   cent  petition 53 

Ordinances — street     railway     131 

Ordinances — time  of  taking  effect 52 

Ordinances  vetoed  by  Mayor  to  be  returned  to   Common  Council 51 

Organization  of  Common  Council 49 

Parks  and  boulevards — rules  and  regulations  subject  to  approval  by  Council...    124 
Parks,  public  grounds  and  boulevards — approval  of  Common  Council  to  acquire  124 

Patrolmen — Council  must  approve  privately  employed 96 

Paving  and  repaving — Council  may  extend  time  for  completion 122 

Paving  assessments — Council  shall  fix  assessment  districts,  etc 77-78 

Permanent  improvements  by   bond  issue 87 

Permanent  improvements — no  money  from  taxes  to  be  appropriated  therefor.     75 

Petition  by  electors  for  referendum S3 

Petition  for  referendum — affidavit  to  signatures  required 53 

Petition  of  5  per  cent  of  electors — Council  must  submit  to  referendum  any  or- 
dinance or  resolution 53 

Police  pensions — must  petition   Council   for 98 

Poor  Commission — Council  to  approve   warrants 148 

President   of   Common   Council   acting   Mayor 43 

Proceedings  vetoed  by  Mayor  to  be  returned  to  Common  Council 51 

Procedure  when  ordinance  or  resolution  initiated  by  electors S3 

Public  improveinents  shall   be  referred   to  Commissioner  of  Public  Works   by 

Council  121 

Public   moneys — Council  may  contract  for  safe  keeping  of 87 

Publication  of  Council  proceedings  in  evening  newspaper 52 

Publicity   of   Common   Council   sessions 50 

Recall  of  members  of  Council 41 

Recreation  system — Council  to  provide  necessary  funds 150 

Reconsideration  mandatory  when  any  proceedings  of  Council  vetoed  by  Mayor     51 

Regular  sessions  of  Council 50 

Resolutions — Council  shall  refer  to  electors 52 

Salary  of  members  of  Council 44 

Service  of  public  service  corporations  may  be  regulated  by  Council SO 

Sinking  Fund  Commission — ways  and  means  committee  of  Council  members  of     71 

Special  assessment  rolls — confirmation  of  by  Council 78-79 

Special    assessments — procedure    in    collection    of 86 

Special  elections  on  referendum  petition  may  be  called  by  Council 54 

Special   sessions  of  Council — how   called 50 

Street  opening  assessments — Council  shall  fix  assessment  districts,  etc 77-78 

Street  railway  bonds — Council  shall  issue 128 

Street  Railway  Commission  to  report  to  Council 129 

Street  Railway  Commissioners — bonds  fixed  by  Council 126 

Street  railway  elections  to  authorize  condemnation — Council  shall  order 127 

Street  railway  election  to  authorize  construction — Council  submit  to  electors.    128 

Street  railway  extensions  and  new  lines — approved  by  Common  Council 127 

Street  railway  franchise — Council  shall  submit  to  electors 128 

Street  railway  mortgage  lien — Council  to  approve 129 

Street    railway    ordinances 131 

Street  railway  preliminary  expenses — Council  shall  appropriate 131 

Street  railways  privately  owned — authority  of  Council  concerning 130 

Supervision  and  control  of  departments  by  Common  Council 56 

Supervisors — all  members  of  Common  Council  members  of  board 44 


CITY   CHARTER— INDEX.  163 

COMMON  COUNCIL— (Cont'd) 

Tax   sales — conrtrmation    of |^ 

Tax  sales— publication  of  notice  in  foreign  languages o^ 

Taxes — Council  shall  annually  levy  and  collect,  etc 75 

Taxes  not  to  be  raised  in  excess  of  2  per  cent  of  assessed  value • 75 

Three-fifths  vote  of  electors — when  required  before  Council  can  take  action...  54 

Two-th'irds  vote  in  Council  to  pass  over  Mayor's  veto 51 

Vacancy   in    Council — how    filled _• ^^ 

Vacancy  in  office  of  Mayor — Council  calls  election 43 

Vacancy,   Registrars   and    Inspectors — filled    by   Council •■•  43 

Voting  in  Common  Council '•  ■  •  55 

Wages  to  be  paid  employes  of  persons  or  corporations  using  streets,  alleys, 

"etc.,  for  public  utility  purposes  may  be  determined  by  Common  Council..  .  54 
Water  Commission — authority  of  Common  Council  connection  with .  131-132-133-134 

COMMON  LABOR— Employment  of 61 

COMPENSATION— 

Clerks,   Board   of   City   Canvassers J^ 


City  Engineer 
City  Statistician 


58 
58 


V^ltJI          .Jt-tiLi  JI......1. _ 

City  Physicians ^J^ 

Constables J^ 

Corporation  Counsel's  assistants 3° 

Employes ^° 

Excess  for  emergency  service 65 

Health  Officer   ■  ' '  " '  "5? 

Judges  Recorders  Court 44 

Justice  of  Peace 44 

Minimum  Wage   65 

Officers,  appointive    58 

Officers,  elective   44 

Police  Justice 44 

Registrars  and  Inspectors 44 

CONSTABLES— Election  of,  etc 41-102-145 

CONTRACTS— 

City  work,  competitive  bids "2 

Interest  in,  disqualifies  for  office 46 

Land  contracts    81 

Requirements  of  street  railway 127 

Safe-keeping  of  moneys — contract  for 8/ 

Void  when  unauthorized 90 

Void  when  any  city  officer  connected  with 92 

CONTROLLER— 

.'\dministers  oath    48 

Appointment 44 

Acts  as  County  Supervisor 44 

Bids  on   tax  titles °4 

Borrows  against  appropriations 90 

Certificate  in  re  contracts 93 

Compensation 45 

Deeds,    acknowledgments    of 48 

Head  Finance  and  Accounts  Department 70 

Issues   tax   leases °4 

Member  committee  on  loans "1 

Powers    and    duties 91 

Receives  tax  rolls  from  Assessors 77 

Report 93 

Signs  warrants    92 

Sinking  Fund  Commissioner 71 

Subdivides   funds 73 

Transmits  estimates  to  Common  Council 73 

CORPORATION  COUNSEL'S  OFFICE— 

Appointment '44 

Acts  as  County  Supervisor 44 

Annual  report  of  Corporation  Counsel 67 

Counsel  for  state  in  city  cases 68 

Detectives  to  be  detailed  to  department 68 

General  powers  and  duties  of  Corporation  Counsel 67 

No  bond  necessary  to  perfect  appeal,  etc 68 

No  attorney  to  be  employed  by  any  department 67 


164  CITY   CHARTER— INDEX. 

Procedure  in  all   suits  or  cases 68 

Service  of  process 67 

CORRECTION,  DEPARTMENT  OF— 

Appointment  of  Commission 44 

Correction  Commission — how  constituted,  powers  of 116 

Forfeit   of  bail.... 118 

House    of    Correction 116 

House  of  Correction — meeting  of  Inspectors 117 

House  of  Correction  Superintendent — powers  and  duties 117 

House  of  Correction — books,  records,  etc 119 

House  of  Correction — revenues 119 

House  of  Correction — report  of  Inspectors  to  Governor 119 

Prisoners — House  of  Correction 117 

Prisoners  from  outside  cities  in  House  of  Correction 117 

Prisoners — discharged    on    bail 117 

Prisoners — penalty   for   escape .' 118 

Prisoners — deduction   for  good  behavior 118 

Superintendent,   House  of  Correction — powers  and   duties 117 

COUNTY  CLERK— 

Delivery  of  Election  Returns,  etc ! 37 

COUNTY  CORONERS— 

Duties  of  144 

CREOSOTED  BLOCK  PLANTS— 

Establishment  of 123 

DEPARTMENTS— 

Department  of  Arts 56-152 

Department  of  Assessment 56-70-75 

Department  of  City  Plan  and  Improvement 56-125 

Department  of  Correction 56-116 

Department  of  Finance  and  Accounts 56-70-91 

Department  of  Fire   Protection    56-105 

Department  of  Health 56-138 

Department  of  Labor  Welfare  56-150 

Department  of  Law 56-67 

Department  of  Parks  and  Boulevards 56-123 

Department  of  Police  56-95 

Department  of  Poor  Relief   56-148 

Department  of  Public  Lighting   56-136 

Department  of  Public   Works   56-120 

Department  of  Public  Safety    56-109 

Department  of  Recreation 56-149 

Department  of  Records 56-69 

Department  of  Street  Railways   56-126 

Department  of  Tax  Collection   56-70-79 

Department  of  Water  Supply  56-132 

DIVISION  pp  FINANCE— 

Distribution  of  Financial  Administration 70 

DIVISION  OF   PUBLIC  SAFETY— 

Administration  of  Public  Safety 95 

DIVISION  OF  PUBLIC  WELFARE— 

Administration  of  Public  Welfare 138 

DIVISION   OF  PUBLIC  WORK— 

Administration  of  Public  Work 120 

DISORDERLY  PERSONS— Definition  of 104 

EIGHT-HOUR  SERVICE  DAY— 

(See   Civil  Service) 64 

Private  corporations  using  public  streets — Council  may  require  to  give  (Sec.  20)  54 

ELECTION  COMMISSION— 

Call   recall  election 42 

Chairman  22 

Compensation   22-44-45 

Hearings  on  recall  signatures 42 

Members  of  22 

School   of  instruction 22 

Secretary  22 

Supply  ballots   27 


CITY  CHARTER— INDEX.  165 

ELECTIONS— 

Acceptance    of    candidate — form    of 24 

Assisting   disabled    electors 31 

Ballot — instruction    for    printer 25 

Ballot — form  of  (See  insert) 26 

Ballot— propositions  to  be  put  on  bottom  of 25 

Ballot — samples   to  be  furnished 27 

Ballot — penalty  for  printing  false   form 27 

Ballots — Election   Commission  to   determine  number  of 27 

Ballots — how  delivered   to   election  boards 28 

Ballots — how  handled  by  voter 28 

Ballots — opening   of   package 28 

Ballots — how   deposited  in   box 29 

Ballots — exposing  of,  prohibited 31 

Ballots — distribution    of    31 

Ballots — spoiled  to  be  returned  to  board 32 

Ballots — statement   of   number   used,   etc 36 

Ballots — Procedure  when  two  are  folded  together 33 

Ballots — procedure  when  number  exceeds  poll  lists 33 

Ballot  boxes    27 

Ballot   boxes — sealing    of 36 

Ballot  boxes — delivery  of,  etc 36 

Ballot  boxes — reopened  for  court  proceedings 37 

Bribery  and  illegal  voting 40 

Candidates — list   of    24 

Challenge  of  electors 29 

City  Canvassers,   Board  of — how  constituted 37 

City  Canvassers — meeting  to  canvass   result  of  election _.  . .     37 

Clerks  of  election 21 

Copies  of  Chapters  2  and  3  to  be  furnished   Election  Boards 40 

Days  of  holding  elections 21 

Disabled    electors     31 

Elections  on  street  railway  matters 127-128 

Election  returns — delivery  of  in  envelopes,  etc 37 

Electioneering   in   booths   prohibited 32 

Election   Commission — how   constituted 22 

Election   Boards — how   constituted 21 

Gatekeepers  at  election 21 

Inspectors' — general    powers    of - 39 

Informalities  in  election  not  to  invalidate 39 

Meeting  of  board  day  before  election 21 

Nomination    by    petition 22 

Notice  of  election 22 

Oath   of   electors 30 

Opening  and  closing  of  polls 28 

Organization  of  Board   of  Inspectors 21 

Polls — electors  waiting  butside  at  close  of  to  be  permitted  to  vote 32 

Polls — opening  of    28 

Polls — close  of   32 

Poll    list 31 

Petition — how  long  to  be  preserved 24 

Petitions — fee  to  accompany  same 24 

Petitions — when   filed    24 

Petition  to  be  presented — date  of .^     23 

Petition — form    of    23 

Petitions  of  candidates 22 

Qualifications   of   voters 21 

Recall  elections  42 

Recall — office  subject  to 41 

Recall  petition  42 

Returns — determination  of  majority 38 

Returns — error    in     38 

Registration  books — delivery  of,  etc 36 

Returns  of  election — copies  for  City  and  County   Clerk 3; 

Returns  of  election — procedure  in   handling  same 3£ 

Special    elections    40 

Street  railway  elections 127-128 


166  CITY   CHARTER— INDEX. 

ELECTIONS— (Cont'd.) 

School  of  instruction 22 

Tie  vote    3S 

Votes — certificates   of   number   cast 35 

Votes — procedure  in  counting  first,  second  and  other  choices 35 

Votes — procedure  when  tally  does  not  agree 34 

Votes — procedure  when  elector  has  voted  more  than  one  first , or  second  choice  34 

Votes— tally  of  34 

Votes — determining  majority,  etc 37 

Vote  on  propositions  to  be  counted  first 34 

Votes    cast — number    to    be    announced 34 

Vote  on  propositions 33 

Votes — canvass  and  count  of 35 

Voting — method  of   30 

Women    electors    31 

Withdrawal  of   candidate 24 

ELECTRICAL  INSPECTION— 

Bureau  of   109 

Superintendent  of    110 

Electric  Code  of  N.  B.  U ■ .i  110 

Inspects   electrical  work 110 

Issues    permits    110 

Qualifications   of  Superintendent 110 

Regulates     electrical    installation 110 

EMERGENCY  APPROPRIATIONS— (See  Common  Council.) 

ESTIMATES— (See  Annual  Budget) 73 

EXAMINERS,  BOARD  OF— 

Public  Safety  Bureaus 110 

FEES— Payable  to  city 47 

FINANCE  AND  ACCOUNTS— 

Department    of    91-94 

Division  of  Finance 71-94 

FIRE  PROTECTION,  DEPARTMENT  OF— 

Annual  report  of  Fire   Commission 108 

Duties  of  Fire  Commission 105 

Fire  ordinances — enforcement  of 108 

Fire   limits — extension  of 108 

Fire     Marshal — powers    and    duties 107 

Inquiry  into  origin  of  fires 107 

Leave    of   absence 105 

List  of   retired  firemen 106 

Members  of  fire  force 105 

Monthly  financial  report  of  Fire  Commission 108 

Pensions — payment    of     107 

Pensions — applications  for   106 

Pensions   for  widows,   children,   etc 106 

Right  of  entry  for  inspection 108 

Right  of  way  for  Fire   Department 107 

Retired  firemen    106 

Retirement    on    half    pay ..  105 

FIRE  LIMITS— Extension  of 108 

FISCAL  YEAR   93 

FORTY-EIGHT  HOUR  SERVICE  WEEK— 

Council  may  compel  persons  using  streets  to  adopt  (Sec.  20)      54 

FRANCHISES,  STREET  RAILWAY— 

Mortgage  lien  on  franchise 129 

Security    franchise     128 

FUNDS  OF  THE  CITY— 

Contingent  Fund   70 

Deficiency  Fund  72 

General  Fund • 70 

General  Sinking  Fund 71 

General  Fund  to  receive  miscellaneous  appropriations 72 

Interest  Fund 70 

Sinking  Fund  Commissioners    :  . .  . .  71 

.Special  funds  may  be  created  by  Controller 72, 


CITY  CHARTER— INDEX.  ^^^ 

FUNDS  OF  THE  CITY— Cont'd.  71 

Street  Railway  Fund 7I 

Street  Railway  Sinking  Fund   73 

Surplus  in  funds  may  be  transferred  

GARBAGE  PLANTS—  123 

Establishment  of 123 

Sale  of  by-products 

^■^l^mrndft^olppropriate  money  for  preliminary  work  of  establishing  gas  plant..    136 

Establishment  of  gas  plant ■ •  ■  ■ '  ' ;  "ll 136 

Engineer  to  be  employed  to  make  estimate  of  cost  of  plant ^^^ 

Gas  for  fuel  and  power— regulate  price  of ^^^ 

Gas  to  be  sold  at  approximate  cost '  ' '  \'  'A .■'.■■'■' 

frnmediate  supervision  of  construction  of  buildings  in  hands  of  Commtss.oner  ^^^ 

of   Public  Works ^35 

Lighting  Commission  may  purchase  plant ^^^ 

Public  Lighting  Commission  to  control  gas  plant 

GOVERNMENT— Branches  of  

HARBOR  MASTER—  95 

Duties   of,   etc 

HEALTH,  DEPARTMENT  OF—        ,     ,  ^  ^        ,  146 

Birth  certificates  to  be  filed  with  Health  Board ^^g 

Board  of  Health— powers  and  duties.  ........•■•■•  ••^- -•••■ 5 

Burial  and   removal  permits,   etc.-regulated   by    Health   Board ;;;;;■;;;;  {40 

City  hospitals    ;  "-■  V  '  I-' 139 

Contagious  diseases— reports  of  intection  .  .  .^ ^^2 

Control  of  public  nuisances  by  Health  Board . . .  .  _ ^^ 

Coroners— duty  in   connection  with   Health    Board. 

Dangerous  conditions  to  be  abated  by  Health   Board ^^^ 

Death  certificates  to  be  filed  with  Health  Board . .  .  . ...  •  •  ■  •  ■  ^- •  •  ■  • 

Definition  of  terms  "factory,"  "workshop,"  etc..  by  Health  Board 14^ 

Diphtheria— reports    of    infection.. j^g 

Emergency  appropriations  for  public  health ^^g 

Health  officer— powers  and  duties _ ^.g 

Infected  vessels— removal  of  by  Health  Board •  j^^ 

Infection  reports  and  records ..........  •■  ■••■ ^45 

Information  to  other  cities  by  Health   Board ^^ 

Injunction  of  threatened  nuisance. ..............  •• ^-n 

Isolation,  quarantine  and  release  by  Health  Board ^ 

Inspection  of  factories  by  Health  Board. ...........  ■• .._ 

Inspection  of  food,  drink  and  drugs  by  Health  Board |^^ 

Penalty   for   violation   of   Health   Board   rules. ; -u  ■•,;,•"  W;::; 144 

Procedure  in  case  of  non-compliance  with  orders  of  Health  Board i^4 

Procedure  to  isolate  infected  towns  by  Health  Board.............. |^"-' 

Pubhc  buildings  and  schoolhouses— regulation  of  by   Health  Board 141 

Publication  of  ordinances  and   resolutions  by  Health   Board 1^0 

Right  of  entry  and  investigation  by  Health  Board J^" 

Recovery   of   damages   against   Health    Board 

Reports  of  dispensaries,  hospitals,  etc.,  to  Health  Board 143 

Reports   of   sanitary   inspection    to    Health   Board 1^^ 

Sanitation  of  factories,  etc .,„ 

Scarlet  fever— reports  of  infection ^ 

Slaughter   house    nuisance— abatement    of J^ 

Slaughter   houses— inspection   of ., 

Slaughtering— regulations   concerning    !rTi 

Smallpox— reports    of   infection................ ^ 

Special  orders  and  regulations  of  Health  Board J^^ 

Vaccination  free   .^r 

Warrants  by  Health  Board .^ 

HOSPITALS—  ..„ 

Contagious  diseases  hospitals    •  ■  .■    ■  •.  ■  • ;. 

Hospitals  and  infirmaries  report  to  Board  of  Hea  th 140 

Poor  Commission  may  own   and  operate  hospitals 140 

Poor  Commission  may  acquire  hospital   ...•..•• ■••.•• }4» 

Poor  Commission  may  contract  with  hospitals  for  care  of  sick  poor 14S 


168  CITY   CHARTER— INDEX. 

HOUSE  OF  CORRECTION— (See  Correction,  Department  of) 116-119 

INSPECTORS  OF  ELECTION— 

Board    of    Inspectors 21 

Compensation  for  attending  scliool  of  instruction 22 

.    Compensation  for  sessions  of  boards 44 

Election   41 

Police  powers    39 

School  of  instruction 22 

Term    of   office 41 

Vacancy  43 

INVESTIGATIONS— 

Board   of  Health 140 

Civil  Service  Commission 63 

Social  vice ISO 

JUSTICES  of;  the  PEACE— 

Compensation    44 

Election   44 

Term    of   office .' 44 

LABOR  WELFARE,  DEPARTMENT  O  F— 

Annual   report    151 

Appointment 44 

Advice   to   workingmen ISO 

Bureaus  that  may  be  created ISO 

Compensation  45 

Commissioner  of  Labor  Welfare 150 

Enforces  labor   ordinances 151 

Head  Labor  Welfare  Department 56 

Legal    aid    151 

Powers  and  duties  of  department 150 

Social  vice — may  investigate 150 

LAW,  DEPARTMENT  OF— (See  Corporation  Counsel) .67-68 

LEASES— 

Controller  may  execute  conveyances  of  real  estate  sold  for  taxes 84 

LICENSES— 

Boiler  and  other  apparatus Ill 

Plumbers   114 

Recreation  controlled  by  Recreation  Commission 150 

Revocation   by   Mayor 47 

Revocation   by   superintendents  of  bureaus 116 

LIQUOR  TAXES— 

Contingent  fund    70 

Deficiency  fund   72 

LOANS— 

Appropriations  not  yet  available — borrow  against 90 

Committee   on   negotiation 90 

Emergency   cases *. 89 

LIMIT  OF  TAXATION  AND  DEBT— 

Two  per  cent  (Sec.  16-18) 74-75 

Four  per  cent  (Sec.  61) 87 

MAYOR— 

Appointment   of  all   Commissioners 44 

Appointment  of  heads  of  departments 44 

Appointment  of  Arts  Commission — when  to  be  made 153 

Appointment  of  Street  Railway   Commissioners 126 

Annual   message   of   Mayor 49 

Appointment  of  certain  patrolmen  to  be  approved  by  Mayor 95-96 

Acts  as  Count)'  Supervisor 44 

Annual  budget- — may  decrease  or  disallow  items  in 74 

Annual  budget  to  be  returned  to  Council  by  Mayor 74 

Bonds   to  be  signed  by  Mayor g7 

City  Plan  and  Improvement  Commission  to  make  recommendations  to 125 

Licenses   may  be   revoked   by   Mayor 47 

Labor  Commissioner  shall  report  to  Mayor I5I 

Mayor  may  remove  Civil  Service  Commissioners 48 

Mayor's  secretary  and  stenographer  in  unclassified  service 58 


CITY  CHARTER— INDEX.  169 

MA  TOR— Cont'd. 

May  act  with  other  officers  to  borrow  money  in  emergency 89-91 

May   remove    apj3ointees    at    pleasure 44 

Member  of  Sinking  Fund  Commission. . •    71 

Member  of   PoHce   Pension  Committee 98 

Notify  Council  of  appointments 46 

Policemen — privately  employed — Mayor  to  approve  appointment 96 

Power  to   administer  oaths 48 

Powers  and  duties  of  Mayor 47 

Recall  of  Mayor 41 

Salary  of  Mayor 44 

Time  allowed  Mayor  for  consideration  of  annual  budget 74 

Term  of  Mayor 41 

Vacancy  in  office  of  Mayor — how  filled 43 

Veto  of  the  Mayor 51 

When    elected     41 

MINIMUM  WAGE— 

Employes  in  classified  service 65 

MISDEMEANORS  AND  PENALTIES— 

Against    police    104 

Aldermanic  corruption    48 

Ballots,   false    27 

Boilers,   etc Ill 

Breach  of  health  orders 144 

Bribery   of   electors 40 

Building   construction,   etc 113 

Civil  service   64 

Distribution   of  false   ballots •  27 

Electioneering   32 

Electric   wire   erection 116 

Erroneous  entry  in  register 18 

Evading  electors  when  delivering  returns 37 

Factories,   sanitation   of 141 

Health  rules  144 

Illegal  voting  40 

Improper  marking  of  ballots  for  an  election 32 

Infection   provisions    139 

Plumbers   114 

Polluting   water 134 

Public   lighting    116 

Public   safety    113 

Sanitation  of  public  buildings  and  school  houses 141 

Slaughter  houses    147 

Street  railway   130 

Tapping   water   pipes 135 

MORTGAGES— 

Taxes  paid  before  recording 81 

NOMINATION  OF  CANDIDATES— 

Acceptance,  form  of ^ 24 

Nominating   fee,  deposit   of 24 

Nominating  fee,  return  of 24 

Withdrawal  of  24 

NUISANCES— 

Control   over   public 142 

Injunction    of    threatened 146 

Removal   by   police 104 

Slaughter  houses 147 

OFFICERS— 

Additional  powers    48 

Appointed,   notified    46 

Appointive  44 

Bonds   (see  Bonds). 

Defaulters — cannot  be  elected  or  appointed 45 

Definition    of   word 4g 

Elective   41 

Residence    45 

OFFICIAL  BONDS— (See  Bonds.) 


170  CITY   CHARTER— INDEX. 

ORDINANCES— 

Effect,  time  of  taking 52 

Election,  initiative    S3 

Election,   referendum    53 

Enforcement 50 

Initiative   procedure    S3 

Publication   52 

Referendum S3 

Referendum  petition,  requirements S3 

Requirements  SI 

Subject    to   veto 51 

PARKS  AND  BOULEVARDS,  DEPARTMENT  OF— 

Appointment  of  Commissioners 44 

Acts  as  County  Supervisor 44 

Commissioner  of  Parks  and  Boulevards — powers  and  duties 123 

Belle  Isle  bridge — in  charge  of  Commissioner  of  Parks  and  Boulevards 124 

Privileges  in  parks  controlled  by  Commissioner  of  Parks  and  Boulevards 124 

Lands   for  parks — method  of  acquiring 124 

Parks  and  boulevards — platting  of 124 

PENSIONS,  FIREMEN— 
(See  Fire  Department.) 

PENSIONS,  POLICE— 

(See  Police  Department.) 

PERJURY— 

(See  misdemeanors.) 

PERMITS— 

Boilers,  alterations,  etc Ill 

Building  construction,  etc 112 

Burial 1|5 

Electrical  work  JIO 

Installation  of  boiler,  etc.,  apparatus Ill 

Plumbing 114 

Removal  of  dead ; 145 

Revocation 116 

PETITION,  NOMINATING— 

(See  nomination  of  candidates.)  . 

PETITION,  INITIATIVE— 
(See  ordinances.) 

PETITION,  REFERENDUM— 
(See  ordinances.) 

PLANTS— 

Asphalt  .  ;  123 

Brick 123 

Creosoted  block 123 

Garbage .• 123 

Gas 136 

Public  lighting 136 

PLAYGROUNDS— 

(See  Recreation  Commission) 149 

PLUMBING  INSPECTION,  SUPERINTENDENT  OF— 

Issues  permits   114 

Licensing ' 114 

Powers  and   duties 114 

Registers  plumbers 114 

Registration 114 

POLICE  JUSTICES— 

Compensation 44 

Election 41 

Term  of  office 41 

POLLS— 

Closing,   opening  proclamation   of   close.     (See   elections.) 

PRESIDENT  OF  COMMON  COUNCIL— 

.Acting  Mayor _ 43 

Appoints  members  Police  Pension  Committee ' 98 

Calls  special  sessions 50 


CITY   CHARTER— INDEX.  171 

PLUMBING  INSPECTION,  BUREAU  OF— 

Inspection   of    plumbing m 

Plumbers — license  and   regulation 11-1 

Licensing   plumbers    114 

Plumbing  permits    114 

POLICE,  DEPARTMENT  OF— 

Arrested    persons — treatment    of 102 

Burglar's   tools — procedure    regarding 103 

City>  scavengers — Police    Commissioner  to   appoint 96 

Disorderly  persons    104 

Deputy    Police    Commissioner 97 

Fees,  gifts,  etc.,  to  police  force 100 

Harbor    Master — Police    Commissioner   to    appoint 96 

Hearing  of  complaints  by  Police  Commissioner 97 

Houses  of  prostitution,  gaming  houses,  etc 102 

License   fees — collection   of 96 

Misdemeanors  against   the   force 104 

Nuisances,  fires,  strangers,  etc 104 

Patrolmen — city   departments    95 

Patrolmen — privately    employed     96 

Patrolmen — special  . 96 

Pensions  to  widows  and  children  of  police  officers 97 

Pensions  for  disabled  members  of  police  force 98 

Pensions — warrants  drawn  by  City  Clerk J 98 

Pension  committee    98 

Place  of  detention  for  witnesses 101 

Police   force — members   of 95 

Police    Commissioner — Genera!    powers    of 95 

Police    force — resignations    from 97 

Police  pensions  to  widows  and   children 97 

Police    Pension    Committee 98 

Police    precincts    and    stations 100 

Police  books,  registers  and  records 100 

Powers  of  arrest,  detention,  etc 102 

Property — disposal   of    103 

Property  Clerk,  Police  Department 97 

Pursuit   and    apprehension   of   criminals 101 

Requisition    of   information 104 

Retirement  on  pay — those  eligible 99 

Retired  members  returned  to  duty 99 

Retired    members — status    of 99 

Retirement  on  reduced  pay 98 

Saloons — entering  of,  prohibited 100 

,  Stolen   and  other  property — disposal   of 103 

Service  of  process  in  criminal  cases 101 

Sources  of  reduced  pay 99 

Superintendent   of   Police — powers   and   djuties 97 

Sealer  of  Weights  and  Measures — Police  Commissioner  to  appoint 96 

Treatment  of  persons  arrested 102 

Witnesses   before   Commissioner 101 

POOR   RELIEF,   DEPARTMENT   OF— 

Almshouses  may  be  established 148 

Care  of  sick  and  deceased  poor  by  Poor  Commission 148 

City  physicians — appointed   by   Poor   Commission 148 

Distribution   of  clothes,   provisions,  etc.,  by   Poor   Commission 148 

Distribution  of  relief  by  Poor  Commission 149 

Hospitals  for  sick  poor  may  be  established 148 

Poor   Commission — powers   and   duties 148 

Poor    Commissioners   are    Count}'    Superintendents 149 

President  of  Poor  Commission  acts  as  County  Supervisor 44 

PUBLIC  LIGHTING,   DEPARTMENT  OF— 

Acquiring    of    municipal    gas    plant 136 

City    Electrician     136 

Establishment    of    gas    plant 135 

Gas  plant — estimate  to  be  made  by  engineer  of  cost 136 

Gas  Commissioners  are  members  of  Lighting  Commission  {Sec.  3) 57 

Penalty  for  injuring  public  lighting  property j 136 

Price  and  use  of  gas- — regulation  of 136 


172  CITY  CHARTER— INDEX. 

PUBLIC  lighting:department  of— 

Provisions  for  preliminary  expense  of  acquiring  gas  plant 136 

President  of  Commission  acts  as  County  Supervisor 44 

Public  Lighting  Commission 57-135 

Public  lighting  plant 135 

Purchase  of  gas  plant 135 

PUBLIC  SAFETY,  DEPARTMENT  OF— 

Bureaus   of  administration  of   Department  of  Public  Safety 109 

Board  of   Examiners  of   Public   Safety 110 

Boiler  Inspection — Bureau  of Ill 

Building    Inspection — -Bureau    of 112 

Electrical  installation — regulation  of 110 

Electrical  vi^ork — bonds   for 110 

Electrical   work — permits    for -.  . .  110 

Electrical  v?ork — inspection  of 110 

Disposition  of  income 109 

General  powers  of  Superintendents  of  Department  of  Public  Safety 109 

General   powers  and   duties  of  Commissioner  of  Public  Safety 109 

License  to  operate  apparatus Ill 

Permits  for  installation   of  apparatus Ill 

Permits  for  alterations,  repairs,  etc.T Ill 

Qualifications   of   Commissioner  of   Public   Safety 109 

Report  of  Commissioner 109 

Report   of  accidents 112 

Superintendents  of  Department  of  Public  Safety 109 

PUBLIC  WORKS,  DEPARTMENT   OF— 

Asphalt   plant — establishment   of 123 

Back  filling  in  paved  streets 122 

Brick   plant — establishment    of 123 

Bureau  of  City  Engineering 121 

Bureaus,  records  and  reports  of  Department  of  Public  Works 123 

City  Engineer  to  be  appointed  by  Commissioner  of  Public  Works 121 

Commissioner  of   Public   Works- — powers   and   duties 120 

Commissioner  acts  as  County  Supervisor 44 

Creosoted    block   plant — establishment   of 123 

Garbage    plant — establishment    of 123 

General  plan  of  streets  and  alleys 121 

Paving  or  repairing — when  to  be  completed 122 

Proposed  public  improvements  to  be  referred  to  Commissioner  of  Public  Works  121 

Removal  of  dangerous  structures 123 

Sewers — laying  of,  before  paving 122 

Sidewalks — cost  of  assessed  against  property 123 

Supervision  of  public  work  by  Commissioner  of  Public  Works 120 

RECALL  OF  OFFICERS— 

Ballot 42 

Election  procedure 42 

Election,  special  on  recall 42 

Elective  officers  subject  to 41 

Filing  of  petition   41 

Payment  election  expense  of  officer  recalled 42 

Petition,  requirements 42 

Resignation  of  officer  pending  recall 42 

Signers  of  petition 42  ■ 

Sufficiency  of  Petition , 42 

Withdrawal  of  petition, ...  42 

RECORDER'S  COURT,  JUDGES  OF— 

Administers  oath  48 

Compensation 44 

Election 41 

Term  of  office 41 

Recorder's  Court,  Deputy  Clerk,  administer  oaths 48 

Recorder's  Court,  Clerk,  administers  oaths 48 

REMOVALS— 

Aldermanic  corruption   48 

Classified  service 61 

Conviction  for  civil  service  misdemeanor 64 


173 
CITY   CHARTER— INDEX. 

RECREATION,  DEPARTMENT  OF—  .  150 

Billiard  halls   inspected  by  R"J"''°"   Commission ^^^ 

Bowling   alleys,   inspected   by   Recreation    Commission • ^ 

Commission,  appointment  of  ■•■.•■••■■•••••.■■.•„  " 149 

Control  of  licenses  by   Recreation  Commission j5q 

Maintenance  of  Recreation   Commission. .. ._ •  ■  .  •  • j^g 

Recreation    Commission— powers    and    duties 

REGISTRATION—  20 

Absent  from  city— may  register........ ^ 

Board  of  Registration— how   constituted ■••••• ig 

Certificates  of  removal,  etc 20 

'iS'c^!r^.fo  IrS^'™s-;nVegisUaiionbookVwh;n-dist^cUs;divided.^^  U 

Close  of  register  by  the  board.. •. 17 

Correction  of  errors  in  registration '..'.'.'.'.'.'.'. 15 

Custody    of    registers ■ '• 12 

Days  for  holding  registration. . 19 

Day  of  holding  additional  registration   ....  ...^.-  •  •  •  v  - -^;  •  /  ; H 

Districts  to  be  divided  when  more  than  500  names  registerea. .  ^^ 

Election  stall  for  each  100  electors  registered •  ■  •  _■ jg 

Entries  of  registration  in  ink .•■•■■.•■ 14 

Examination  of  appHcants  for  registration. ^j 

Five  hundred  names  to  a  registration  district ^2 

Form  of  registration  book  to  be  used 14 

Interpreter  for   Board   of  Registration •_;•_• 19 

Last   day   of    registration ■'•    '    16 

List  of  registered  electors 19 

Notice    of    registration ■•■. • 18 

New  registration  if  book  is  lostor  destroyed I4 

bath  of  applicant  for  registration 20 

Police  authority  of  Registrars... .•  ' '  '  V-'^,^ 14 

Questions  to  be  asked  applicant  for  registration •••••• ^^ 

QuaHfications    for   registration. . I5 

Removal  certificates  of  "gistration.  .........•:•■•  •  — •■■■• U 

Registrars  and   Inspectors  assigned  when   re-districted 20 

Sick  on  registration  day— may  register ^ 

!^:X^c^?^e:«1nrrnece;sa;y-forVegist;ation^  14 

Women  who  may  register 

REPORTS,  ANNUAL— (See  -different  departments.)  ^_^ 

REPEAL  OF  PRESENT  CHARTER 

SALOONS—  100 

Entering  by  police  officer 

SCHOOL  INSPECTORS—                                             44 

Compensation • ' '  ' 41 

Election 19 

Registration   of   women ■ '  '    ' 41 

Term  of  office 31 

^^"l^'S^isions-regarding-women-Voting'for-School    Inspectors    was 

omitted  from  charter.)                                         ,       .        ^           •     ■     ,  2' 

SCHOOL  OF  INSTRUCTION-Conducted  by  Election  Commission ■  ■     ^- 

SECRETARIES— Departmental 

SEWERS—  122 

Laid  before  paving • ••••■ 77_78 

Procedure  when  city  orders  laterals  or  drains 

SIDEWALKS—  123 

Cost  of  assessed  against  property. ^j. 

Procedure  when  city  orders  constructed 

SINKING  FUND—  71 

Commissioners 71 

General  sinking  fund....... 131 

Street  railway  sinking  fund 

SALARIES— (See  Compensation.) 


174  CITY   CHARTER— INDEX. 

STREETS— 

Opening,  widening,  vacating,  etc , 77-78 

Paving  or  repairing — completion  of 122 

Vacation  of  leading  to  water  front 54 

SIGNAL  SERVICE,  BUREAU  OF— 

Signal   Service   Supervisory   Commission 115 

STREET  RAILWAYS,   DEPARTMENT  OF— 

Acquiring  of  street  railway  system 127 

Accountant   Street   Railway   Commission 126 

All  city  departments  to  assist  Street  Railway  Commission 126 

Arbitration    of   street    railway   matters 130 

Board   of   Street   Railway   Commissioners '. 126 

Bond  issues  for  street  railway   purposes 128 

Bonds  of  street  railway  exempt 130 

By-products  of  street  railway  plant 129 

Claims — settlement  of   130 

Control  of  street  railway  system  by  Street  Railway  Commission 129 

Debts,  contracts,  etc.,  of  Street  Railway  Commission  to  be  in  name  of  City...  127 

Election  on  re-submission  of  proposals  regarding  street  railway 128 

Election  to  authorize  condemnation   of  property  for  street  railways 127 

Election   to  authorize  construction  of  street   railways 127 

Election   to   authorize   purchase   of   street   railways 127 

Electric  light,  heat  and  power  may  be  sold  by  Street  Railway  Commission....  129 

Employes   of   Street   Railway   Commission 126 

Engineers   Street    Railway   Commission 126 

Establishment   of   street   railway   system 126 

Extensions  of  street  railways 127 

Franchise  to  be  prepared  by  Street  Railway  Commission 128 

General  Manager  Street  Railway  Commission 126 

Injury   to   property   of   street   railway 130 

Inspectors   of  Street   Railway   Commission 126 

Money  of  street  railway  to  be  paid  into  City  Treasury 130 

Mortgage  lien  on  franchise ' 129 

Motor  busses  may  be  purchased  by  Street  Railway  Commission 129 

Ordinances   pertaining   to   street   railways 131 

Organization  of  Board  of  Street  Railway  Commissioners 126 

Preliminary  expenses   of  street   railway 131 

Privately  owned  street  car  lines 130 

President  of  Commission  acts  as  County  Supervisor 44 

Rate  of  fare  on  street  railways 129 

Rate  of  fare — what   to   cover 129 

Secretary  of  Street  Railway  Commission 126 

Security   franchise   for   street  railway 128 

Sinking  fund  of  street  railway 131 

Suits  at  law 130 

Superintendent — Street    Railway    Commission 126 

Validating  the  street  railway  chapter 131 

SUPERVISORS,  BOARD  OF— 

Officers  of  city  who  are  members 44 

TAXES— 

Collection    of    taxes 79 

Confirmation   of  tax  sale 83 

Lists   of  unpaid   taxes 82 

Notice  of  tax  sales 82 

Notice   to  taxpayers 76 

Preparation  and  delivery  of  tax  rolls 77 

Procedure  in  tax  sales 82 

Penalty  added  to  taxes 80 

Publication  of  notice  of  taxes  by  City  Treasurer 80 

Property  sold  for  non-payment  of  taxes 81 

Special  taxes  for  local  improvements 78 

Sewers 78 

Sidewalk 78 

Street  opening    78 

Supplementary    tax    sale 83 

Taxation  limit  (Sec.  19) 87 

Taxes — lien   against   property 80 

Time  limit  within  which  taxes  may  be  paid 80 

Tax  rolls — county  and  state 79 

CITY  CHARTER— INDEX.  163 


CITY   CHARTER— INDEX.  175 

TAXES— Cont'd. 

Unpaid  taxes — 6  per  cent  added °^ 

Unpaid  taxes — interest  added °1 

TAX  COLLECTION,  DEPARTMENT  OF 56-79 

Head,  City  Treasurer 56 

TERM   OF   OFFICE— 

Appointive  officers  J^ 

Elective  officers '*^ 

TIE  VOTES   39 

UNSAFE  BUILDINGS— 

Demolition }|3 

Expenses  assessed  against  property 113 

Removal  of  dangerous  structures 123 

VACANCY  IN  OFFICE— 

Aldermen *• ^3 

City  Clerk ■ 43 

City  Treasurer ^3 

Commissioners ^ 

Heads  of  departments 44 

Mayor 43 

Inspectors  of  Election 43 

Registrars 43 

VOTES—      • 

(See  Elections  and  Ballots.) 

WATER  SUPPLY,  DEPARTMENT  OF— 

Assessment  and  collection  of  water  rates 132 

City  Treasurer  to  receive  water  rates 132 

Collection  of  water  tax 132 

Fire  hydrants  to  be  installed 132 

Non-residents  may  b'e  supplied  with  water 134 

Penalty  for  breaking  water  pipes,   etc •  •  •  134 

Penalty  for  tapping  water  pipes,  etc 134 

Polluting  water — penalty  for,  etc. 133 

Power  to  supply  water  to  non-residents ; 134 

President  of  Water  Commission  to  act  as  County  Supervisor 44 

Property  of  Water  Board  to  be  transferred  to  city 134 

Records   of   water    assessments 133 

Water  Commission — powers  and  duties 131 

Water  pipes  under  private  property 133 

Water  rates  to  be  paid  to  City  Treasurer 132 

WARDS— 

Boundaris,  etc 2-10 

One  to  21 ■• 2-10 

One  Alderman  from  each  ward 41 

Divided  into  election  districts 11 

WARRANTS— 

Board  of   Health  (see  Health,  Board  of). 

No  payment  on  unauthorized  warrants 92 

Requirements  of  warrants 92 

WAYS  AND  MEANS  COMMITTEE— 

Chairman,  member  Committee  on  Loans 91 

Sinking  Fund  Commissioners 71 

WITNESSES— 

Accommodation  in  booth -1 

Before  Police  Commission 101 

Civil  service  investigations 63 

Perjury 63 

Place  of  detention '"1 

.  WOMEN  ELECTORS— 

Electors,  challenge  31 

Election  list   31 

Electors,  separate  return 31 

Registration 19 


■       -     -       •■'"  •■"'•■HI  iiKiniiMIII     irr.  I|l>|  l||l|  Ml     {M| 

D     000  397  882     2 


PUBLIC  AFFAIRS  SEWR8 

Mar  2  0  M) 

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